CHENNAI: The procedures contemplated in the relevant law were not followed by the police in effecting the arrest and the judicial magistrate had not applied his mind before passing orders for judicial custody, alleged DMK legislator G V Markandayan who was arrested by the Thoothukudi police for making alleged derogatory and threatening comments against Chief Minister C Joseph Vijay.
The submission was made before Justice G K Ilanthiraiyan of the Madras High Court by senior counsel R Wilson, appearing for the Vilathikulam MLA, on Monday during the hearing of the petition seeking to quash the remand order and grant bail.
Markandayan had approached the high court for bail after his plea was dismissed by the principal sessions court in Thoothukudi.
The counsel said neither the arrest intimation nor the reasons for the arrest were furnished by the police who acted in haste as the complaint was lodged on the night of July 19 and the MLA was held early on July 20. The police have to obtain legal opinion on the speech of the MLA before arresting him but they had not done so, Wilson said, adding that even no preliminary inquiry was conducted.
Citing certain judgments of the Supreme Court, he stated that there was no tearing hurry to make the arrest since the petitioner is an MLA and there were no chances of him disappearing. He also submitted that the judicial magistrate has to apply his mind and cannot automatically issue orders for the judicial custody.
The arguments will continue on Tuesday.