A local court in Hyderabad today rejected the remand report filed by Hyderabad police against BJP MLA Raja Singh in connection with a case registered against him for his alleged remarks made against Prophet Mohmmad.
Speaking to Live Law, Raja’s counsel Karuna Sagar said that he argued before the Court that the Police had failed to comply with provisions of section 41A CrPC as contemplated by the Supreme Court in the case of Arnesh Kumar V. State of Bihar. He also said that the Court has ordered his release forthwith.
As per the Arnesh Kumar judgement, the arrest should be the exception where the offence is punishable with less than 7 years imprisonment, and notice for appearance under Section 41A CrPC should be served on the accused in such cases instead of arrest. The arrest can be made in exceptional circumstances in such cases, but the reasons have to be recorded in writing.
A detailed copy of the order is awaited.
The Naompally court returned his remand by observing that the suspended BJP MLA T Raja Singh was arrested in violation of Section 41A CrPC and further ordered his release.
Source : Live Law
BJP suspends MLA Raja Singh arrested over alleded comments on Prophet
The Hyderabad police arrested BJP MLA T Raja Singh Tuesday morning for his alleged derogatory remarks against the Prophet in a video posted on social media, amid protests against his comments across the city, said officials.
“We have received several complaints. MLA Raja Singh has been apprehended. We will update you about the arrest as well as the sections soon,” DCP (West Zone) Joel Davis told indianexpress.com.
Hyderabad police commissioner’s Task Force took Raja Singh into custody from his residence. Officials said they are also pulling down Raja Singh’s video, which Muslim leaders claim insulted their community.
A defiant Raja Singh, reacting to the FIR registered against him Tuesday morning, said it was a comedy video aimed against stand-up comedian Faruqui and was not against any particular religion or community.
“I do not understand on what basis the police registered the FIR because I did not take the name of any particular community. My video was aimed at Faruqui and I stand by my words, and I did not hurt anyone’s sentiments. This was the first part of the video, there will be a second video too,” he added.
Several Muslim organisations held protests since Monday night outside a number of police stations in the city demanding the arrest of the two-time MLA, who said he had posted the video in response to Munawar Faruqui’s show held in Hyderabad Sunday.
BJP suspends Telangana MLA Raja Singh arrested over Prophet remark
The BJP has suspended party’s MLA from Telangana T Raja Singh, who was earlier in the day arrested for his alleged derogatory remark against the Prophet in a video posted on social media. The party leadership also issued him a showcause notice and asked him to give a written reply by September 2
In a letter addressed to the Goshamahal MLA, member secretary of the BJP’s central disciplinary committee Om Pathak stated: “You have expressed views contrary to the party’s position on various matters which is clear violation of Rule XXV 10 (a) of the constitution of BJP. I have been directed to convey to you that pending further inquiry, you are suspended from the party and from your responsibilities with immediate effect. Please also show cause within 10 days as to why should you not be expelled from the party.’’