Hyderabad: Raja Singh arrested hours after being served Section 41(a) CrPC notice

The Telangana Police arrested suspended BJP MLA Raja Singh under the Preventive Detention Act and sent him to Cherlapally Central Jail.

BySumit Jha

Published Aug 25, 2022 | 3:26 PMUpdatedAug 25, 2022 | 7:27 PM

Police at Raja Singh's home

Suspended BJP MLA T Raja Singh was taken into custody by the Hyderabad City Police around 3.30 pm on Thursday, 25 August, after he put up a brave front following notices to him under Section 41(a) of CrPC by two police stations from Hyderabad.

A senior police officer said, “He has been arrested for violating the CrPC notice which clearly stated that he should not make any threat, inducement, or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing, such facts to the court or to police officer.”

The officer added that he has been arrested under the Preventive Detention Act and sent to Cherlapally Central Jail.

The serving of the notice was seen as an effort to pacify the protestors in Hyderabad after the Goshamahal lawmaker, who made derogatory remarks against Prophet Muhammad, was released on bail on Tuesday.

However, Raja Singh seemed to have retained his bluster when he, in a video statement released hours after the notices, claimed Telangana Chief Minister K Chandrashekar Rao was conspiring to put him behind bars.

Soon after, the police picked him up from his residence in Mangalhat and took him to Gandhi hospital for a medical checkup.

The notices

“Two cases were pending against him. We have served him notice regarding them,” Hyderabad City Police West Zone DCP Joel Davis told South First.

A case was registered at the Shahinayathgunj Police Station against Raja Singh in April for allegedly promoting hatred during Ram Navmi celebrations. He was booked under Sections 153A, 295A, 504, and 505 (2) of the IPC.

The police in Mangalhat booked him for threatening voters during the Uttar Pradesh election in February. The case registered this time was under Sections 505(2), 171-C, and 171-F of the IPC, and Sections 123 and 125 of the Representation of People Act.

Section 41a CrPC notice

Two police stations in Hyderabad served section 41a CrPC notice to Raja Singh(Supplied)

Under the notice stemming from these cases, Raja Singh can be called to the police station any time the police require him for investigation.

A team from the Shahinayathgunj Police Station, along with the Mangalhat police, reached the legislator’s office on Thursday and served the notice to him under Section 41A of the CrPC.

The Shahinayathgunj police in their notice said that it received a complaint from Sub-Inspector G Rajeshwara Reddy of the Shahinayathgunj Police Station on 12 April that he had played a provocative song at Begum Bazar Chatri in Hyderabad on 10 April during the Ram Navami procession.

The Mangalhat police notice reads “A complaint referred from the Chief electoral officer and secretary to government of Telangana, against you for making objectionable comments in a video which was widely circulated on various media platforms. The comments are utterly irresponsible and intimidating to the voters and have the undertone and propensity to undue influence the election in the state of Uttar Pradesh. [sic]”

Raja Singh hits back

A screengrab from the video MLA Raja Singh released hours before his arrest on Thursday, 25 August.

A screengrab from the video MLA Raja Singh released hours before his arrest on Thursday, 25 August.

“I have been served notice in old cases,” the Goshamahal MLA was heard saying in his newest video, released on Thursday.

“Yesterday, there was a meeting of KCR with the police, and it was decided there that I should anyhow be put in jail,” he claimed.

“I want to tell the chief minister that I am not afraid of bullets, neither of getting hanged nor prison,” he added.

“Someone abused our god, and we can’t tolerate it. We will reply in the same way,” said Raja Singh.

Then, in somewhat of a backpedal from his earlier remarks, he said: “I have not taken the name of their god in my video. I was talking about only Munawar Faruqui.”

Controversial comments and resulting protests

Raja Singh is currently in the eye of the storm because of a YouTube video he posted late on Monday.

The video, which has since been taken down by the police, was primarily targeted at standup comedian Munawar Faruqui, who had held a show in the city on Saturday.

The video contained offensive remarks against the Prophet, with Raja Singh reportedly claiming Faruqui, too, habitually made offensive remarks against Hindu gods.

This led to protests erupting in Hyderabad, and Raja Singh was arrested on Tuesday morning. By evening, he was granted bail by the XIV Additional Chief Metropolitan Magistrate Court in Nampally.

The court pointed out that the police should have served notice to Raja Singh under Section 41A of the CrPC, as per the Supreme Court guidelines after its judgment in Arnesh Kumar vs the State of Bihar.

“As per the Arnesh Kumar judgement, the arrest should be the exception where the offence is punishable with less than seven years imprisonment, and notice for appearance under Section 41A of the CrPC should be served on the accused in such cases instead of arrest,” the defence argument read.

The court granted him bail on this argument.

“We decided to arrest, but the court granted bail saying Arnesh Kumar’s judgement guidelines were not followed. Now we are approaching the high court with the argument that when the investigation officer decides to arrest and there is proper evidence to prove that arrest is necessary, there is no need to serve 41a CrPC to the person,” said Joel Davis.

“We have challenged the bail given by XIV Additional Chief Metropolitan Magistrate Court in Nampally, and filed a revision petition in Telangana high court,” added the top cop.