Patna court blocks arrest of IPS officer

A court in Patna has halted the arrest of a Bihar-cadre Inspector General-rank IPS officer in connection with an alleged attempt to murder Andhra Pradesh Assembly Deputy Speaker Kanumuru Raghurama Krishna Raju, rejecting a transit remand plea filed by Andhra Pradesh Police and citing procedural lapses in the request.

The order, delivered on Monday by a judicial magistrate in Patna, restrained the visiting police team from taking the senior officer into custody for transfer to Andhra Pradesh. The court held that mandatory procedural safeguards had not been properly followed and observed that the application for transit remand lacked adequate documentation to justify immediate custodial transfer across state lines.

Kanumuru Raghurama Krishna Raju, who represents Undi constituency and serves as Deputy Speaker of the Andhra Pradesh Legislative Assembly, has been at the centre of a prolonged political and legal controversy stretching back to his earlier detention in 2021. At that time, he was arrested by the state’s Criminal Investigation Department on charges including sedition during the tenure of former Chief Minister Y. S. Jagan Mohan Reddy. Raju alleged custodial assault, a claim that prompted intervention by higher courts and a medical examination ordered by the Supreme Court.

The latest development appears linked to those earlier events, with allegations that attempts were made on his life or that he was subjected to violence while in custody. While full details of the fresh case remain under judicial scrutiny, the Andhra Pradesh Police sought transit remand to move the Bihar-cadre officer for questioning and possible arrest in connection with the alleged offence.

Transit remand is a legal mechanism that allows police from one state to take custody of an accused person located in another state, subject to the approval of a local magistrate. Courts are required to ensure that the accused’s rights are protected and that due process is observed, particularly in cases involving inter-state jurisdiction. Legal experts note that magistrates typically scrutinise whether arrest warrants are valid, whether the alleged offence is cognisable, and whether there is sufficient material on record to justify custodial transfer.

According to submissions made in the Patna court, counsel for the IPS officer argued that the remand application was defective and failed to comply with statutory requirements under the Code of Criminal Procedure. It was contended that necessary documents, including certified copies of the FIR and case diary extracts, were either incomplete or not produced in a manner consistent with established procedure. The defence also raised concerns about the timing and intent of the move, suggesting that the action could have broader administrative implications.

The magistrate, while declining the remand plea, reportedly observed that procedural compliance is not a mere technicality but a safeguard against arbitrary deprivation of liberty. The court’s refusal does not amount to a finding on the merits of the underlying allegations but effectively prevents immediate arrest and transfer.

The case unfolds against a backdrop of political change in Andhra Pradesh. Following the Assembly elections, the Telugu Desam Party-led alliance returned to power, and Raju was elected Deputy Speaker. His relationship with the previous administration had been strained, particularly after he publicly criticised the government despite being elected on a ticket associated with the YSR Congress Party at the time. The 2021 arrest and subsequent allegations of custodial assault had become a flashpoint in state politics, drawing national attention.

Legal observers point out that allegations involving senior police officers, especially those of Inspector General rank, are uncommon and carry institutional ramifications. The All India Services framework allows IPS officers to be allotted to state cadres, but disciplinary and criminal proceedings involving them often require coordination between state governments and, in certain circumstances, consultation with the Union government.

Neither the Andhra Pradesh Police nor representatives of the Bihar Police have issued detailed public statements following the Patna court’s order. Officials familiar with inter-state investigations indicate that the investigating agency may choose to rectify procedural deficiencies and file a fresh application, or pursue alternative legal remedies, including approaching a higher court.
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