HC Tells Tandur Police To Follow The Procedure

Hyderabad: Justice B. Vijaysen Reddy of the Telangana High Court directed the Tandur police to strictly follow the mandatory procedure prescribed under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, while dealing with offences punishable with imprisonment for less than seven years. The judge was dealing with a writ plea filed by Thopaji Bala Raju, a political activist from the Hindu Vahini, and Thopaji Rajesh, who were named as accused in a case registered at the Tandur police station. The petitioners claimed to be falsely implicated in the case, which was booked under various provisions of the Bharatiya Nyaya Sanhita (BNS), including wrongful confinement, voluntarily causing hurt and related offences. They argued that although the offences were non-cognisable and carried a punishment of less than seven years, the police failed to issue the mandatory notice under Section 35(3) of the BNSS before initiating coercive steps. It was alleged that police assaulted the petitioners at a bar and restaurant in Tandur following a dispute over seating arrangements involving the local circle inspector. The government pleader, appearing for the state, denied the allegations and stated that the police responded to a Dial 100 call from the restaurant staff, who reported nuisance caused by the petitioners under the influence of alcohol. An internal enquiry ordered by the Vikarabad superintendent of police and conducted by the Tandur sub-divisional police officer found no misconduct on the part of the police. The petitioners were reportedly escorted home without detention or seizure of personal belongings. The state pointed out that the petitioners were previously involved in three criminal cases. One case resulted in acquittal, another concluded in compromise and the third was under trial. Without entering into the disputed facts concerning the alleged police assault, the judge granted limited relief by directing the Tandur station house officer to comply with the procedural safeguards outlined under Section 35(3) of the BNSS, in line with the Supreme Court’s guidelines. The judge also directed the petitioners to cooperate with the investigation and clarified that they remained free to approach the State Police Complaint Authority to seek redressal for their grievance regarding the alleged incident. 

2. Unani docs. question non-selection

Justice Namavarapu Rajeshwar Rao of the Telangana High Court admitted a writ plea filed by four Unani doctors challenging their exclusion from the selection list for the post of medical officer (Unani) under Multi Zone-II. In the writ plea, Dr Ch. Bhavani and three others alleged that despite being qualified under the notification of July 2023, their names were not included in the selection list and several ineligible and unqualified persons were wrongly selected. They contended that the action of the Medical and Health Services Recruitment Board was arbitrary, irrational and violative of the Constitution. The petitioners submitted that they belong to the Scheduled Caste Madiga community and fulfilled all eligibility criteria but were unfairly excluded. The petitioners sought deletion of the names of ineligible candidates from the selection list and to include their own names in accordance with the Telangana Subordinate Service Rules. The judge directed the respondents to file their response and observed that any appointment made in the meantime shall be subject to the outcome of the writ petition.

3. Plea targets Filmnagar police inaction

Justice K. Lakshman of the Telangana High Court admitted a writ petition challenging the inaction of the Filmnagar police in conducting a proper investigation into a death under suspicious circumstances under its jurisdiction. The judge was hearing a writ petition filed by Abdul Baba Roshan, who alleged that the investigation into the death of his brother was being conducted in a mechanical manner without examining suspects through polygraph tests or collecting crucial digital and financial evidence such as call records, WhatsApp chats and bank statements. The petitioner sought a direction to transfer the investigation to the Crime Investigation Department (CID) to ascertain the cause of death and the persons involved through scientific procedures. The judge directed the assistant government pleader for home to get instructions on the stage of the investigation.

4. Karimnagar clinic challenges licence cancellation

The Telangana High Court took on file a writ plea on the cancellation of the license to a clinic in Karimnagar. Justice Nagesh Bheemapaka will continue to hear a writ plea challenging the cancellation of registration of a private hospital under the Clinical Establishments Act by the Karimnagar district medical and health officer and the district registration authority through a notice. The judge was dealing with a writ plea filed by Sapthagiri Hospital, Jammikunta, at Karimnagar. The petitioner contended that the cancellation notice was arbitrary, amounted to abuse of power and was issued in violation of the principles of natural justice. The hospital argued that no opportunity was given to be heard, and no prior show-cause notice was issued, rendering the cancellation illegal and unsustainable in law. The High Court had earlier granted an interim stay on further proceedings. The judge extended the interim order.