Telangana HC may hear plea against rejection of Raja Singh remand report

HYDERABAD: The Telangana high court may soon hear the state's plea challenging rejection of remand report by a trial court and the consequent release of suspended BJP MLA Raja Singh immediately after his arrest on procedural grounds. Though the hearing has no real consequences on the legislator's specific case as an HC bench has quashed his preventive detention and freed him, the state has sought a hearing to highlight the impact of premature release of offenders by trial courts rejecting remand reports.
Soon after Raja Singh's arrest for alleged defamatory comments against Prophet Muhammad, the trial court had rejected police remand report and released him. Subsequently, police invoked the PD Act against the MLA.
Arguing before Chief Justice Ujjal Bhuyan, advocate general BS Prasad said the state was aggrieved with the manner in which trial courts have been rejecting remand reports and letting accused go immediately regardless of consequences.
Referring to SC guidelines in Arnesh Kumar case directing police to issue notices to accused and record statements under CrPC section 41-A instead of arresting them if the offence carried less than seven years' punishment, AG Prasad said that it was wrong to read this judgment as one that took away all options from police, including that of arrest. CJ adjourned the case to November 25.