HYDERABAD: Notwithstanding the backlash that followed the release of BJP MLA T Raja Singh hours after his arrest, the Hyderabad police have already got a legal team studying the case threadbare. Confirming that a legal team is already on the case, a senior police officer on Wednesday said that the entire episode was a well-planned conspiracy.
Another police officer admitted that not serving the notice under Section 41(a) CrPC was an inadvertent error. “In the charges filed against MLA Raja Singh, the Investigation Officer (IO) believed a notice under 41 (a) CrPC was not required as the MLA had been booked under similar charges previously.
In the video that he released, Raja Singh clearly said that he would be releasing more such videos. Noting the seriousness of the situation, the IO felt that the CrPC notice was not mandatory and placing him under arrest on an urgent basis was the need of the hour to keep the situation under control. Hence the MLA was arrested without any notice being served.”
The senior officer added: “According to Arnesh Kumar vs the State of Bihar, the notice is not mandatory in serious cases, but Raja Singh’s lawyers managed to convince the court and successfully obtained his release on technical grounds.”
Police can’t extern MLA, says senior lawyer
When asked about the possibility of the controversial MLA being externed, a senior lawyer told Express that this was beyond the jurisdiction of the police since he is a sitting Legislator.“Only the Speaker of the Assembly or a High Court can order the externment of a sitting MLA while the police can extern a person who is not holding public office,” the lawyer said.