Prophet Remark Row: Telangana Court Orders Release Of Suspended BJP MLA T Raja Singh, Returns Police Remand Application

A Court in Hyderabad today rejected the remand report filed by Hyderabad police against BJP MLA Raja Singh in connection with a case registered against him for his alleged remarks made against Prophet Mohmmad.

Speaking to Live Law, Raja's counsel Karuna Sagar said that he argued before the Court that the Police had failed to comply with provisions of section 41A CrPC as contemplated by the Supreme Court in the case of Arnesh Kumar V. State of Bihar.  He also said that the Court has ordered his release forthwith

As per the Arnesh Kumar judgment, the arrest should be the exception where the offence is punishable with less than 7 years imprisonment, and notice for appearance under Section 41A CrPC should be served on the accused in such cases instead of arrest. The arrest can be made in exceptional circumstances in such cases, but the reasons have to be recorded in writing.

The Naompally court returned his remand by observing that the suspended BJP MLA T Raja Singh was arrested in violation of Section 41A CrPC and further ordered his release.

The suspended BJP MLA had allegedly released a video on Monday criticizing stand-up comedian Munawar Faruqui, wherein he was seen making some comments, apparently against Islam and the prophet Mohammad.

He was booked under Indian Penal Code sections 153-A (promoting enmity between different groups on grounds of religion), 295-A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 505 (2) (making, publishing or circulating any statement or report containing rumour or alarming news with intent to create or promote feelings of enmity and hatred) and 506 (criminal intimidation).

Earlier today, he was arrested by the State Police and the BJP suspended him for expressing "views contrary to the party's position on various matters".The BJP has also issued him a show cause notice and asked him to reply in 10 days. Giving the notice, BJP has asked him as to why he should not be expelled from the party.