HYDERABAD: Justice T Madhavi Devi of the Telangana High Court on Friday declined to pass any interim order in the anticipatory bail plea filed by Bandi Sai Bhageerath, son of Union Minister of State for Home Affairs Bandi Sanjay Kumar, in a case registered under the Protection of Children from Sexual Offences (POCSO) Act.
The vacation bench clarified that orders on the anticipatory bail plea, including the request for interim protection from arrest, would be pronounced on the next vacation bench day, Thursday.
The matter came up before the vacation bench as part of a criminal petition filed by Bhageerath seeking anticipatory bail in connection with the POCSO case registered at Pet Basheerabad Police Station. The interim application seeking protection from arrest had earlier been heard on Thursday and was posted to Friday for further hearing.
After hearing arguments from all sides well into Friday night, Justice Madhavi Devi observed that it would not be possible to pronounce orders immediately from the bench and adjourned the matter for orders.
Senior counsel S Niranjan Reddy, appearing for the petitioner, urged the court to grant interim protection from arrest pending pronouncement of orders. He submitted that the petitioner was willing to cooperate with the investigation and appear before the police whenever required.
The senior counsel argued that if the matter remained pending for another week, coercive action should not be taken in the meantime. He further submitted that the investigation could continue unhindered and assured the court that there would be no interference with witnesses or tampering with evidence.
However, counsel representing the victim opposed the request for interim protection, contending that no such relief should be granted in a serious offence registered under the POCSO Act.
The court accordingly adjourned the matter for orders.
Judge raises concern over social media posts
At the commencement of proceedings, Justice Madhavi Devi referred to social media posts and messages allegedly targeting her over the hearing of the case. Observing that she was disturbed by the developments, the judge addressed the counsels appearing in the matter and remarked that attempts were being made to attribute motives to her merely because she was hearing the petition in her judicial capacity.
Addressing the courtroom, the judge reportedly asked the lawyers present, “How many of you are on social media? Have you noticed the smear campaign?” She said she was pained by the circulation of messages allegedly casting aspersions on her impartiality.
Justice Madhavi Devi then asked Niranjan Reddy, appearing for the petitioner, Pappu Nageswar Rao who was appearing for the victim’s mother and Public Prosecutor for Home Palle Nageswara Rao whether they had any objection to her hearing the matter. The judge stated that she would not hesitate to recuse herself if any party had “even an iota of objection” to her continuing with the case.
Attempt to browbeat judiciary condemned
Counsel appearing for the victim’s side informed the court that they had no objection to Justice Madhavi Devi hearing the matter and requested her to proceed. The Public Prosecutor submitted that he too had noticed pamphlet-style messages circulating on social media targeting the judge and said he had alerted the Hyderabad Police Commissioner regarding the issue. According to the PP, the commissioner assured that immediate action would be initiated.
Niranjan Reddy condemned the alleged attempts to “browbeat the judiciary” and referred to earlier reports concerning another judge allegedly recusing from hearing the bail plea in the same matter.
Following the observations, Justice Madhavi Devi took a short recess before resuming the hearing. Proceedings later continued from around 9 pm till nearly 11.45 p.m., with detailed submissions from the petitioner, the prosecution and the victim’s counsel.