Why the Hyderabad police were at the receiving end in BJP MLA Raja Singh’s bail hearing

Defence arguments

Neelam Bhargava Ram, lawyer of the MLA, told South First, “The police have booked Raja Singh under IPC sections 153A (offence on religious grounds), 295A (outrage and insulting religious beliefs), 501 (1) (2) and 506. All these sections are bailable.”

According to the lawyer, the police presented Raja Singh before the magistrate seeking his remand under the IPC sections.

The defence lawyer argued that the police had not followed the due procedure in his arrest.

He pointed out the police should have served notice 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 judgment, 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 police also argued that these are not only the offences under which he has been arrested but there is a law-and-order situation in the city,” said Neelam Bhargava Ram.

The defence lawyer, however, told the court that the police are being paid to maintain the law-and-order situation in the city and that they have not adhered to the due procedure while arresting Raja Singh.

The court granted bail to the suspended BJP MLA on a surety of ₹20,000 personal bond and verbally warned him not to repeat the offence.

The court also noted that the police should have followed due legal procedure and served notice to Raja Singh before arresting him.

Tension at Nampally court

Tension prevailed as Raja Singh was produced before the court as BJP and MIM activists gathered at the premises and raised slogans in his support and in opposition to him respectively.

Keeping in view the sensitive situation, the police had set up barricades from 100 meters to the court.

Amid tight security, Raja Singh was taken to the Nampally Court from Bollaram Police station at 4 pm.

On his arrival at the court, BJP and MIM activists raised slogans against and in support of Raja Singh. The police resorted to lathi-charge and dispersed them.

A scuffle between police and activists led to tension at the court premises.

Earlier in the day, the BJP Central Disciplinary Committee had suspended him with immediate effect.

Om Pathak, the committee member, also issued a show cause notice to Raja Singh and gave him 10 days to give an explanation as to why he should not be expelled from the party.