Telangana HC pulls up state for ‘overreach’ after Singapore nationals detained despite stay order

Hyderabad: The Telangana High Court on Monday expressed strong displeasure over State authorities for ‘overreach and interference’ with the administration of justice after two Singapore-based accused were detained at Chennai International Airport despite an existing stay order on criminal proceedings.

The Criminal Petition sought quashing of proceedings before the XIII Additional Chief Metropolitan Magistrate, Nampally.

What is the case about?

Earlier, on August 7, the High Court had granted an interim stay of all further proceedings against Accused Nos. 6 and 7.

However, on November 20, counsel for the petitioners informed the court that the accused, Emani Satyanarayana and Emani Madhavi, holders of Singapore passports, were detained at Chennai Airport due to a Look Out Circular (LOC) issued pursuant to directions of the Magistrate Court.

NBWs were recalled against accused

However, the magistrate had, on November 6, passed an order recalling the NBWs against the accused, but imposing conditions requiring them to appear before the court on November 25, execute sureties, deposit passports and not leave the country.

The High Court Single Bench, comprising Justice Jukanti Anil Kumar, observed that such an order could not have been passed when a stay on all further proceedings was already in force.

Calling the act an ‘impediment in the administration of justice’ and ‘an impact on the Majesty of the Courts,’ the Bench questioned the Assistant Public Prosecutor (APP) on how such an order had been invoked despite the subsisting stay.

‘An inadvertent mistake’

The APP submitted that it may have been an inadvertent mistake. The court, however, remarked that such lapses dealt a blow to the rule of law and could not be condoned.

The court emphasised that the State, being a party to the criminal proceedings, was deemed to be aware of the High Court’s stay order. The subsequent LOC-based detention of the Singapore passport holders and the Magistrate’s conditional order, the court said, amounted to clear overreach.

Airport authorities should exercise caution

Referring to a recent Supreme Court ruling in an order from October 30, the High Court highlighted the Apex Court’s warning to airport authorities to exercise sensitivity and caution before taking drastic steps like detention or arrest of international travellers, actions that could otherwise harm India’s international reputation and violate human rights guarantees.

The court noted that India and Singapore are bound by a Mutual Legal Assistance Treaty, and any action against foreign nationals must be in compliance with existing legal frameworks.

Reiterating that no further proceedings could have been initiated once the stay was granted on August 7, the High Court held that the orders invited before the Magistrate were contrary to its directions.