HYDERABAD: Taking a serious view of a Magistrate’s court in Peddapalli authorising the detention of an accused without recording the reasons, the Telangana High Court on Tuesday issued show cause notices to the junior civil judge and judicial first-class magistrate, asking him to explain why action should not be taken for the alleged improper exercise of judicial functions.
Justice B Vijaysen Reddy also issued notices to Peddapalli circle inspector and sub-inspector, Kondapaka Praveen Kumar and J Lakshman Rao respectively, demanding an explanation by March 19 as to why departmental action and contempt of court proceedings should not be initiated against them for violations committed in the detention of an accused.
Justice Reddy was hearing a petition filed by Kolipaka Krishna, who was arrested by the Peddapalli police on January 31 and booked under charges of restraining others from moving in a lawful direction and using criminal force against a public servant. Following his arrest, he was produced before the magistrate and was sent to judicial remand the same day.
The petitioner alleged that the police failed to follow the proper legal procedure, including the issuance of a mandatory 41-A notice before arrest.
Additionally, the magistrate violated Supreme Court guidelines by approving the detention without due diligence, the petitioner alleged. His counsel highlighted the Supreme Court ruling in the Satender Kumar Antil case, which mandates that police officers must submit a duly completed checklist, along with reasons and materials justifying the arrest, while presenting an accused before a magistrate for detention.
Furthermore, the magistrate must review the police report and only authorise detention after recording his or her satisfaction.
Upon reviewing the case records, Justice Reddy opined that the prima facie remand of Kolipaka Krishna violated Supreme Court directives. Consequently, the High Court issued notices to the magistrate and the police officers involved.