Hyderabad: A Telangana High Court single judge Bench headed by Chief Justice Ujjal Bhuyan on 26 August asked the state police to serve the notice to BJP MLA Raja Singh who is in remand.
The Bench was hearing the criminal revision case petition filed by the state of Telangana through the station house officer of Mangalhat police station, Hyderabad.
The petitioner was unhappy with the final orders of the Nampally court that rejected the remand application of Raja Singh.
Public prosecutor C. Prathap Reddy informed the Bench that under 41A CrPC notice will be served to the accused. Chief Justice Bhuyan asked how they will serve the notice to the accused as he is in remand. The public prosecutor informed the court that the notice will be served through the SHO of the police station concerned.
Chief Justice Ujjal Bhuyan then directed the police to serve the notice to Raja Singh.
The matter was adjourned for further hearing to 16 September.
Why did the Nampally court reject MLA's remand?
On Tuesday evening, the police produced BJP MLA Raja Singh before the 14th Additional Chief Metropolitan Magistrate Court in Nampally, Hyderabad, for uploading a video on social media making derogatory comments against the Prophet, triggering massive public outrage in the city.
Hearing the arguments of both sides, the court opined that unless 41A CrPC notice was issued, the police cannot arrest the MLA. Further, the court opined that the remand procedure by the police was not proper, and the police did not comply with the condition of 41 CrPC. The court rejected Raja Singh's remand and directed the police to release him immediately.
On Thursday, the Mangalhat police filed a criminal rejection petition in the High Court challenging the order of the Nampally court.