Telangana HC raps State for detention of Singapore-based accused despite court stay
Telangana High Court censured State authorities after two Singapore-based accused were detained at Chennai Airport despite an August stay on all proceedings. The court described the incident as interference with justice and directed officials to explain the breach of its order
Hyderabad: Justice Jukanti Anil Kumar of the Telangana High Court on Monday came down heavily on State authorities after two Singapore-based accused were detained at the Chennai International Airport despite the High Court’s stay on all further criminal proceedings in the case.
The court was hearing a criminal petition seeking quashing of proceedings pending before the trial court. The court had on August 7 stayed all further steps against Accused Nos. 6 and 7 Emani Satyanarayana and Emani Madhavi, both holding Singapore passports.
Despite this, the counsel informed the court that on November 20, the two were stopped at Chennai airport on the basis of a Look Out Circular reportedly issued pursuant to the magistrate’s directions. The Court was informed that the Magistrate had, on November 6, recalled the NBWs against the accused but imposed conditions requiring them to appear before the court on November 25, furnish sureties, deposit their passports and remain within India. Justice Anil Kumar questioned how such directions could be issued when the High Court had already kept the proceedings in abeyance. Describing the incident as interference with the administration of justice, the judge expressed displeasure over the authorities’ conduct and asked the Assistant Public Prosecutor to explain how the proceedings continued in the face of the High Court’s explicit stay.
The APP suggested it may have been an inadvertent error, a contention the court refused to accept. Such lapses, the judge observed, strike at the rule of law and cannot be brushed aside. The court also referred to a recent Supreme Court order cautioning airport authorities to act with sensitivity before detaining foreign travellers, noting that such actions can have diplomatic implications and raise concerns over human rights protections. It pointed out that India and Singapore are bound by a Mutual Legal Assistance Treaty, and any action involving foreign nationals must conform to the established legal process.
Reiterating that the stay granted on August 7 barred any further proceedings, the court held that the magistrate’s conditional directions and the LOC-based detention were in clear violation of its order.
