VIJAYAWADA: The Andhra Pradesh High Court on Tuesday made it clear that magistrates have to record the statement of an accused, before he/she was sent to judicial remand, duly noting the reason for the same. Delivering verdict on a Public Interest Litigation filed by the head of a satellite TV news channel complaining that police are acting unilaterally while arresting media persons and those who are posting on social media and that they are not uploading the FIR in 24 hours, a division bench comprising Chief Justice Prashant Kumar Mishra and Justice Akula Venkata Seshasai said magistrates should not conduct themselves mechanically while remanding an accused, instead they should issue appropriate orders.
The bench warned of stern action in case there is any negligence in recording the statement of the accused before remanding him/her. It further said that in case the High Court finds the remand orders defective or the accused bring the same to its notice, departmental action will be initiated against the magistrate concerned, the bench said.
In its verdict, the High Court made it clear that while remanding the accused, magistrates have to follow the guidelines issued by the Supreme Court in the Arnesh Kumar case. At the same time, the police should adhere to the apex court directions while making arrests. The petitioner was represented by advocate Umesh Chandra.