HYDERABAD: T Raja Singh, BJP MLA from Goshamahal, walked free Tuesday evening, hours after he was arrested for his alleged comments against Prophet Muhammad.
The police sought a 14-day remand but the 14th Additional Magistrate Court, citing procedural lapses such as failure to issue a notice, ordered that he be released immediately.
The court accepted Raja Singh's lawyer's argument that the police did not issue notice under CrPC 41(A) to the accused before the arrest.
The police did not follow the Supreme Court directions that a notice should be issued to the accused before the arrest in cases which attract below seven years of imprisonment, Raja Singh's advocate told reporters.
Mild tension prevailed at the court as pro and anti-Raja Singh people gathered and indulged in slogan shouting.
Police had to resort to mild lathi-charge to disperse them.
But, since several cases have been filed against the MLA, police are likely to follow due procedure and arrest him again. Raja Singh’s remarks, coming close on the heels of similar comments by former BJP spokesperson Nupur Sharma, had the party in damage-control mode.
The BJP Central Disciplinary Committee suspended him and slapped a show-cause notice, asking him to explain within 10 days why he shouldn’t be expelled.
Trouble began Monday night after Raja Singh posted a video on YouTube against the recent show of stand-up comic Munawar Faruqui.
The MLA made comments against the Prophet in the same video. Following Raja Singh’s release, protests erupted across the city late on Tuesday with huge crowds gathering. In some places like Charminar, Bahadurpura and Kishanbagh, police patrol vans were seen damaged.
Singh is also purportedly seen making some comments, apparently against Islam, in it.
The All India Majlis-e-Ittehadul Muslimeen (AIMIM) claimed Singh made derogatory language against Prophet Mohammed.
"This is the official policy of the BJP to ensure that Muslims are always tortured emotionally, mentally by allowing their party members to talk in such low language which we call it Sadak Chap language about Prophet Mohammed.
This is a deliberate attempt by BJP and they allowed their MLA to speak in this language," AIMIM chief Asaduddin Owaisi told reporters.
"They have not learnt a lesson from what Nupur Sharma has said. This is a continuation of what Nupur Sharma had said," he further said, referring to the suspended party spokesperson whose remarks against Prophet Muhammed sparked a huge outrage.
A complaint filed by Mohammed Wajhi Uddin Salman with Dabeerpura Police alleged Raja Singh used vulgar language against Prophet Mohammed.
Singh was arrested and produced before the court based on a complaint filed in Mangalhat Police station, West Zone DCP Joel Davis told PTI.
Several people belonging to the community staged protests in various parts of the city on Monday night demanding Singh's arrest.
Many AIMIM legislators and corporators of Greater Hyderabad Municipal Corporation reached the police stations, where protests were held and sought stringent action against Raja Singh, party sources said.
According to police, complaints were filed against Singh in several police stations under South, East and West Zones.
Dabeerpur Police Inspector G Koteswar Rao said they received a complaint against Singh, which alleged that the BJP MLA made derogatory remarks against a religion, i.e. Islam.
An FIR was booked against Singh under various sections of IPC pertaining to promoting enmity between different groups on grounds of religion, deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs and criminal intimidation among others, he said.
During the arrest, the Goshamahal MLA told reporters that his video was pulled down by the social media platform on which it was uploaded and that he will upload "part 2" of the clip after his release.
"They removed my video from YouTube. I don't know what the police are going to do. Once I am released, the second part (of the video) will certainly be uploaded. I am doing it for Dharma. I am ready to die for dharma," he said.
Singh sought to know why several complaints were lodged against him in various police stations.
"Why are there complaints? Our Ram is not Ram? Our Sita is Sita? I requested the DGP with folded hands not to allow the person (Munawar Faruqui) who made comedy with vulgar language against Ram and Sita," he said.
Meanwhile, Singh was suspended from the BJP following his controversial remarks allegedly aimed at Prophet Mohammad and the party sought his reply within 10 days as to why he should not be expelled.
In a notice issued to Singh, Om Pathak, who is secretary of the party's central disciplinary committee, said, "You have expressed views contrary to the party's position on various matters, which is in clear violation of Rule XXV 10 (a) of the constitution of the Bharatiya Janata Party. I have been directed to convey to you that pending further inquiry, you are suspended from the party and from your responsibilities/assignments if any, with immediate effect."
Pathak also asked Singh to "show cause" within 10 days from the date of this notice as to why he should not be expelled from the party.
"Your detailed reply must reach the undersigned no later than 2nd of September 2022," Pathak said.
Singh is known for his past controversial comments.
Earlier this year, he had said that those "traitors" who did not vote in support of the Yogi Adityanath government in Uttar Pradesh will have repercussions post the elections. government to consider the plea of remission.
Besides, TMC MP Mahua Moitra has also filed a separate petition in the Supreme Court against the release of the convicts in the case alleging the remission "completely fails to bolster either social or human justice and does not constitute a valid exercise of the guided discretionary power of the State".
The 11 convicts walked out of the Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy.
They had completed more than 15 years in jail.
The investigation in the case was handed over to the CBI and the trial was transferred to a Maharashtra local court by the Supreme Court.
A special CBI court in Mumbai on January 21, 2008, sentenced the 11 to life imprisonment on charges of gang rape and murder of seven members of Bilkis Bano's family.
Their conviction was later upheld by the Bombay High Court and the Supreme Court.
Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the violence that broke out after the Godhra train burning.
Among those killed was her three-year-old daughter.
The state had witnessed riots after the Sabarmati Express was attacked in Godhra and 59 passengers, mainly 'kar sevaks', were burnt to death.
After protests spread, BJP distances itself from Raja Singh
Following this, Mangalhat police arrested Raja Singh under Sections 153-A (a) (b), 295-A, 504, 505 (2), and 506 of IPC. Following his remarks, around 42 cases were filed against Raja Singh across the country on Tuesday, including in Karnataka and West Bengal. The BJP was quick to distance itself from him.
“You have expressed views contrary to the party’s position on various matters, which is in clear violation of Rule XXV 10(a) of the Constitution of BJP,” read the notice sent to Raja Singh by Om Pathak, member-secretary, BJP central disciplinary committee.
“I have been directed to convey to you that pending further inquiry, you are suspended from the party and from your responsibilities/assignments if any, with immediate effect. Please also show cause within 10 days from the date of this notice as to why should you not be expelled from the party. Your detailed reply must reach the undersigned no later than September 2,” Om Pathak said in the letter.
As Raja Singh’s remarks sparked protests and led to mild tension, AIMIM chief Asaduddin Owaisi alleged that the BJP has made it a policy to spread their dirty propaganda against Prophet Muhammad and disturb communal harmony in the country and in Telangana.
Speaking to the media, he demanded that Prime Minister Narendra Modi react to the ‘nonsense’ and ‘derogatory’ language used by the BJP MLA against the Prophet, which has angered Muslims across the country. BJP leaders did not react either to the arrest or suspension of Raja Singh.
Earlier, tension prevailed at the Nampally civil court complex when Raja Singh was produced before the magistrate. His supporters gathered at the place as did the protestors forcing the police to whip out lathis.
The situation was brought under control soon. Shops and establishments were also closed at some places, including near Nampally and surrounding areas, when he was produced before the court. The police have tightened vigil to ensure that no untoward incident takes place.
This is not the first time that the firebrand leader, known for his high decibel Hindutva rhetoric, has landed in trouble.
(With PTI Inputs)