Telangana BJP chief's bail application to be heard today
Hyderabad (PTI): Telangana BJP president Bandi Sanjay Kumar, who was arrested in a case related to class X question paper leak, has moved a bail application in a Warangal court which would hear it on Thursday, an advocate said.
Sanjay Kumar, a Lok Sabha MP from Karimnagar constituency, was picked up by a team of police past midnight on Tuesday from his residence in Karimnagar city and was initially put under preventive arrest, triggering protests by his party workers.
"A bail application was moved last night in a Warangal Court. It is expected to be heard today. Also, there was a habeas corpus petition filed in the Telangana High Court. That also would come up for hearing today," BJP leader and advocate Rachana Reddy told PTI.
Amid midnight drama, Sanjay was arrested by police on Wednesday after he was named as the prime accused by the city police in connection with the case of malpractice after a question paper of Standard 10 (SSC) board examination surfaced on groups of an instant messaging app. He was produced in a local court in the evening in Warangal.
According to Warangal Police Commissioner AV Ranganath, Sanjay Kumar conspired with an intention to create rumours and provoke breach of peace of the ongoingC public examination in Telangana state after images of two question papers surfaced in social media, to defame the government for the circulation to create fear among students and their parents thereby to defame the duly elected state government.
The BJP President's arrest was unconstitutional and illegal and it will prove to be the last nail in the coffin of Chief Minister K Chandrasekhar Rao's repressive regime, the party's national general secretary and Telangana in-charge Tarun Chugh had said.
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Court allows 5-day police custody of Bibhav Kumar in Swati Maliwal assault case
New Delhi (PTI): A Delhi court allowed five-day custodial interrogation of Chief Minister Arvind Kejriwal's aide Bibhav Kumar in the Swati Maliwal assault case, sing the police remand was a "necessity" in the matter.
Metropolitan Magistrate Gaurav Goyal was hearing the application of Delhi Police which was represented by Additional Public Prosecutor Atul Srivastava. The police had sought seven day custody.
It is alleged that Kumar, who is Kejriwal's personal assistant, assaulted AAP MP Swati Maliwal at the CM's residence on May 13.
"Considering the submissions made on behalf of both the parties, I find there is a necessity of police custody remand in the present case. Accordingly, the application moved by the investigating officer (IO) is partly allowed and the accused is remanded to police custody for five days," the court said in its order passed around 12:45 AM Sunday.
It noted the prosecution's submissions about the need to take Kumar to Mumbai and other parts of the national capital to collect evidence, which was not possible without the accused's custody.
"Admittedly, the case is at a nascent stage. Allegations made in the FIR are corroborated in her (Maliwal's) statement recorded by the magistrate on oath and further, it is again corroborated in the medico-legal case (MLC) of the victim or complainant," the court said.
The magistrate also observed, "I am aware of the view of constitutional courts that the opportunity must be given to the investigating agency to complete the investigation in order to reach the truth of the matter but at the same time the rights of the accused are also to be protected."
Asking the Investigating Officer to take Kumar into formal custody, the court directed his medical examination every 24 hours and said the investigating agency would not subject the accused to "any torture."
It also allowed Kumar to meet his advocate and wife for half an hour each during the police custody.
Kumar's application for providing requisite medicines was also allowed.
The proceedings which commenced around 9: 15 PM Saturday saw initial arguments by Srivastava following which the magistrate said, "I find force in the arguments of the APP (Additional Public Prosecutor) that there were sufficient grounds to arrest the accused without notice."
The prosecutor made several arguments, including those mentioned in the remand application and also that the "means or weapon" by which Kumar assaulted Maliwal had to be recovered.
The vehement counter-arguments by Kumar's counsels continued for more than one-and-a-half hours. One of his counsels, Rajiv Mohan, claimed that Maliwal had lodged the FIR "belatedly after deliberation and concoction."
The Delhi Police arrested Kumar earlier on Saturday and his anticipatory bail plea was subsequently observed as becoming "infructuous" by a Delhi court.
