Violation of Covid-19 Norms: Telangana High Court Releases BJP State President Bandi Sanjay

The Telangana High Court on Wednesday released BJP State President Bandi Sanjay Kumar who was sent to a 14-day judicial remand for allegedly violating Covid-19 norms and thereby assaulting a public servant, with a condition to furnish a personal bond.

While staying the remand order, Justice Ujjal Bhuyan also issued notice to the State government in the matter. 

Sanjay was taken into custody on Sunday for planning to undertake a night vigil in solidarity with teachers and other government employees against a state government order introducing a zonal system in the allocation of jobs and transfers.

The Lok Sabha member had filed a petition under Section 482 of CrPC to quash the remand order passed by the Principal Junior Civil Judge cum Judicial Magistrate of First Class at Karimnagar and the FIR registered against him.

He was charged for the offences under Section 143 (unlawful assembly), 188 (disobedience to public servant), 341(wrongful restraint), 332 (hurting public servant), 333 (grievous hurt to public servant) r/w 149 (common object) of IPC, Section 51(b) (obstruction of Govt order) of Disaster Management Act and Section 3 (mischief to public property) of the Prevention of Damage to Public Property Act. 

In his petition filed through Senior Advocate D. Prakash Reddy, Sanjay had contended that the Magistrate Court ought to have considered the registration of the present crime as unwarranted since a case was already filed against him on January 1, alleging the same cause of action. Thus the registration of the subsequent FIR is ex-facie illegal and the Magistrate ought to have refused to remand the petitioner.

He further argued that the institution of the subject case is politically motivated and the high-handed act of the police was under the influence of the State government and it was seriously infringing upon his right to life and liberty.

Since Public Prosecutor C. Pratap Reddy appeared for the State, the requirement of formal notice was obviated. 

Accordingly, staying the docket order against the petitioner, he was released forthwith on furnishing a personal bond. 

Citing government orders in the backdrop of Omicron's spread in the state, the district police had sent a notice to BJP local leaders informing them not to hold any political events. 

However, ignoring the same, they gathered in huge numbers at the MP's camp office, with no adherance to social distancing norms.

More than 150 BJP activists, who were with Sanjay when the police stormed the protest site, were also taken into custody. The arrests triggered widespread protests and condemnation from top BJP leaders, including national president J P Nadda and Union minister G Kishan Reddy.

Case Title: Bandi Sanjay Kumar v. State of Telangana 

Citation: 2022 LiveLaw (Tel) 2

Click Here To Read/Download The Order