Hyderabad: The Telangana High Court has ruled that it cannot order the release of Mohammad Rahman Siddiqui, a supervisor arrested by the Saidabad police in connection with a sexual harassment case involving children at a government-run childcare home.
A division bench comprising Justice Moushumi Bhattacharya and Justice Gadi Praveenkumar heard a habeas corpus petition filed by Siddiqui’s sister, who alleged that her brother had been unlawfully detained by the police without evidence and subjected to custodial violence. The petition sought his immediate release.
Arrest illegal: Petitioner’s counsel
During the hearing, the petitioner’s counsel argued that the arrest was illegal and unsupported by substantial evidence, further alleging that the accused suffered physical assault while in police custody.
Opposing the plea, the state’s special counsel, Swaroop Oorilla, stated that statements had been collected from the victims’ family members, establishing grounds for Siddiqui’s arrest.
After reviewing the submissions, the bench observed that both the witness statements and the accused’s own confession indicated involvement in the act.
The court further noted that Siddiqui had been produced before a magistrate and remanded to judicial custody according to due legal procedure.
Habeas corpus cannot be issued if accused is already in judicial custody: HC
Given these facts, the bench held that a habeas corpus directive could not be issued for an accused who is already in judicial custody as per court orders. However, the judges clarified that the allegations of custodial torture could be pursued through other legal remedies as provided under the law.
Consequently, the petition was dismissed.
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