KCR exposes legal violations, double standards in SIT notice, agrees to appear for questioning
BRS president and former Chief Minister K Chandrashekhar Rao has denounced the police notice served on him in the alleged phone tapping case as illegal and beyond jurisdiction. In a six-page letter, he argued that the mode of service violated CrPC provisions and Supreme Court directions.
Hyderabad: BRS president and former Chief Minister K Chandrashekhar Rao on Friday exposed what he termed as the double standards of the police, established that the notice served on him in connection with the alleged phone-tapping case was illegal and without jurisdiction, and yet displayed statesmanship by agreeing to appear for questioning on Sunday.
In a detailed six-page letter addressed to Assistant Commissioner of Police (Jubilee Hills Division) P Venkatagiri, Chandrashekhar Rao objected strongly to the manner in which the notice under Section 160 of the CrPC was served, stating that pasting a letter on the compound wall of his Nandi Nagar residence had no legal sanctity. He contended that such a mode of service was in violation of the Code of Criminal Procedure, Supreme Court directions and constitutional guarantees under Articles 14 and 21.
Rao pointed out that he had already informed the police that he was over 65 years of age and residing at Erravalli in Siddipet district, and that as per law, his statement could be recorded only at his place of residence. He asserted that the police had no jurisdiction to issue a notice to him for examination within Jubilee Hills limits, as he did not reside within that police station or adjoining jurisdictions.
Citing the Supreme Court judgment in Satender Kumar Antil versus CBI and other subsequent rulings, Rao stated that notices under Sections 41A and 160 of the CrPC must be served strictly in the manner prescribed by law, and that electronic modes or informal methods of service were not recognised. He further argued that ignoring these directions amounted to deliberate disregard of binding judicial orders.
The former Chief Minister also flagged what he described as selective application of rules, pointing out that in the same case, a notice issued to legislator T Harish Rao was served in Hyderabad despite his official residence being shown as Siddipet, which, he said, exposed the shifting stands and double standards of the police.
Rao maintained that the notice dated January 30 was illegal, without authority and could be ignored. However, notwithstanding the legal position, he stated that as a former Chief Minister, Leader of the Opposition and a responsible citizen, he would cooperate with the investigation and make himself available for examination at 3 pm on Sunday at the Nandi Nagar residence, since the police ‘were keen to record his statement there only’.
