The Andhra Pradesh police have announced their decision to move a higher court against a Bihar jurisdictional court’s order. This comes after the local court rejected the transit remand of Bihar cadre IGP Sunil Kumar Naik, who was detained in connection with a five-year-old custodial torture case involving the current Deputy Speaker of the A.P. Assembly.
The Arrest of a High-Ranking Official
On Monday, a specialized team from the Andhra Pradesh Police reached Patna to take M. Sunil Kumar Naik into custody. Naik, who currently serves as the Director of Fire Services in Bihar, was arrested at his private residence. The case dates back to 2021, when Naik was on deputation in Andhra Pradesh.
The allegations involve the custodial torture of K. Raghu Ramakrishna Raju, who was then the Narsapuram Member of Parliament. At the time of the incident, Naik held the position of DIG within the Andhra Pradesh Crime Investigation Department (CID). Following the change in administration in Andhra Pradesh, the investigation into the 2021 incident has gained significant momentum.
Procedural Hurdles in Transit Remand
Despite the successful apprehension of the officer, the Andhra Pradesh police faced a setback in the Patna courtroom. The jurisdictional court turned down the plea for a transit warrant, which would have allowed the police to shift the IGP from Bihar to Guntur for further interrogation.
Legal experts note that the court’s refusal was primarily based on procedural lapses. The Bihar court observed that the A.P. Police allegedly failed to adhere to the standard operating procedures required for inter-state arrests. Reports suggest that the defense argued the arrest was carried out without the proper presentation of a warrant, a claim that the court took into serious consideration.
Allegations of Protocol Violations
The arrest was not without drama. Local reports and witnesses alleged that the A.P. police team entered the IGP’s residence by scaling the compound wall. Mr. Naik reportedly insisted on seeing an official arrest warrant before being taken into custody, a request that was allegedly ignored at the time.
This perceived lack of transparency and breach of protocol became the focal point of the court’s decision to deny the transit remand. For an inter-state arrest of a serving All India Services (AIS) officer, specific guidelines laid down by the Supreme Court must be followed, including informing the local police station and ensuring the presence of a judicial representative if necessary.
Andhra Pradesh Police Strategy
A senior police official, speaking on the condition of anonymity, confirmed that the department is not backing down. “We will move an upper court to vacate the order of the jurisdictional court,” the officer stated. The A.P. police maintain that the arrest was lawful and necessary given the gravity of the charges filed at the Nagarampalem police station in Guntur.
Naik is listed as Accused No. 7 (A-7) in the FIR. The prosecution argues that as a high-ranking officer in the CID at the time, his role in the alleged mistreatment of the then-MP is critical to the ongoing investigation. The legal team for the A.P. police is currently preparing a petition to prove that the “due process of law” was fundamentally satisfied, despite the observations of the lower court.
Political and Administrative Implications
The case has sparked a significant ripple effect in both Bihar and Andhra Pradesh. Since the victim in the alleged torture case, K. Raghu Ramakrishna Raju, now holds the constitutional post of Deputy Speaker, the matter is being treated with high priority by the state administration.
On the other hand, the Bihar IPS Association has reportedly expressed concerns over the manner in which a senior officer was picked up. This inter-state legal friction highlights the complexities involved when police forces cross state boundaries to execute arrests of high-profile officials.
Next Steps in the Legal Battle
The A.P. police are expected to file their appeal in the District Court or the Patna High Court within the next 48 hours. They seek to overturn the stay on the transit remand to bring Naik to Guntur for judicial processing.
If the upper court rules in favor of the A.P. police, it could set a precedent for how inter-state arrests of high-ranking bureaucrats are handled. Conversely, if the order is upheld, it will serve as a stern reminder of the mandatory procedural safeguards that must be followed during such operations.
Understanding Transit Remand
A transit remand is a temporary judicial custody granted by a magistrate to allow police to move an accused person from the place of arrest to the jurisdiction where the crime was committed. In this case, the transit remand of Bihar cadre IGP Sunil Kumar Naik is the essential bridge required for the Guntur police to proceed with their investigation on home soil.
According to available details and official statements, the legal teams are currently scrutinizing the “Arrest Memo” and the communication logs between the Patna and Guntur police departments to determine if the technical requirements of the Code of Criminal Procedure (CrPC) were met.
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