Andhra Pradesh HC refuses to issue interim orders on ex-ESI director Dr Ramesh Kumar's arrest

Advocate PV Krishnaiah alleged that Dr Ramesh was arrested much like a terrorist contrary to guidelines issued by the Supreme Court.
Andhra Pradesh High Court
Andhra Pradesh High Court

VIJAYAWADA: The Andhra Pradesh High Court on Saturday refused to issue interim orders on the arrest of Dr Ramesh Kumar, former director of the ESI, who was arrested on Friday for his alleged involvement in the ESI scam.

Dr Ramesh’s wife Madhu Smitha moved a house motion petition urging the court to direct the Anti-Corruption Bureau to release her husband and declare his arrest illegal. Justice D Ramesh, after hearing arguments of the petitioner and the ACB, made it clear that it was not possible for the court to intervene at this juncture as Dr Ramesh had already been remanded in judicial custody.

The court issued notices to the ACB DG, principal secretary (home) and others and deferred hearing to June 15. Arguing on behalf of Madhu Smitha, advocate PV Krishnaiah submitted that the ACB did not serve notice on Dr Ramesh Kumar as mandated under Section 41 of the CrPC.

He alleged that Dr Ramesh was arrested much like a terrorist contrary to guidelines issued by the Supreme Court. Neither Dr Ramesh Kumar nor his wife was informed of the reasons for his arrest, he claimed.

Countering his arguments, advocate Renuka, representing the ACB, maintained that the ACB had gone by the book. If there was anything amiss, the magistrate would have found fault with the agency, she said. Kasa Jaganmohan Reddy, appearing for the government, pointed out that the petitioner’s plea and arguments presented were poles apart.

Reading out Section 41 of the CrPC, he explained that notice can be served under the Section only when it is deemed that arrest is not necessary. In Ramesh Kumar’s case, his family members were informed. 

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