High tribunal orders Bandi Sanjay’s discharge
Hyderabad: Justice Ujjal Bhuyan setting aside the remand orders of the Karimnagar court on Wednesday ordered the release of State BJP president and Karimnagar MP Bandi Sanjay Kumar.
It can be recalled that Bandi Sanjay was arrested on January 2 evening for alleged violation of Covid norms during a meeting in Karimnagar and was sent to 14-day judicial remand on January 3. However, the MP moved the High Court seeking the FIR registered against him be quashed.
The judge, in his order observed, “Prima Facie, we do not find that the learned Magistrate applied his judicial mind while remanding the petitioner to judicial custody till January 17.”
“Initially, the case was registered against the MP and his followers under Sections 147, 188, 341 and 332 of IPC r/w. 141 IPC, Sec. 51(b) of the Disaster Management Act and Section 3 of the Prevention of damage to the public property. Subsequently, a memo was filed by the Assistant Commissioner of Police, Karimnagar seeking permission to add Section 333 of IPC, which was permitted by the Magistrate to add to the existing remand order on the ground that the ACP had sustained fracture to his right hand during the attack, that too when the medical report is awaited,” he said.
In the absence of a medical certificate, a prayer was made before the learned Magistrate for addition of Section 333 of IPC to Crime No. 2/2022, which appears to have been granted by the Magistrate and that brings us to the docket order dated 03-1-2022 passed by the Magistrate permitting addition of Section 333 of IPC to the Remand Order, which shows that the Magistrate has not applied his mind while granting permission to add the Section, that too when the medical certificate was awaited and this shows, that the judge had passed the order mechanically, he added.
After hearing the contentions of Public Prosecutor, Justice Ujjal Bhuyan J said, “The accused No.1 is a Member of Parliament and is the State president of a national party and the police ought to have taken them into custody, taken them to the outskirts of the city and let them off later. Can the police keep an MP in custody?”
The judge while staying the remand order directed Bandi Sanjay and his followers be released, and asked them to ensure that they adhere to all Covid-19 guidelines issued by the State government while carrying out their political activities.
‘Take no coercive steps against Dharmapuri Aravind’
Meanwhile, the judge also passed the orders, while hearing a lunch motion criminal petition filed by Nizamabad MP Dharmapuri Aravind, accused in a case filed at Madannapet under the provisions of SC, ST Atrocities Act in Nizamabad, directed the Assistant Commissioner of Police, Santhosh Nagar Division and SHO Madannapet not to take any coercive steps against the MP.