Hyderabad: The Telangana High Court on Tuesday, August 5, issued a stern warning to magistrate courts, urging them to cease the practice of mechanically remanding accused individuals without a thorough examination of the case records and without providing valid reasons.
The court’s admonition came in response to a specific case where a magistrate ordered a remand despite the accused being presented before the court with a delay, a violation of the 24-hour rule for production after arrest.
Justice N Tukaramji, presiding over the case, highlighted several critical aspects of the remand process. The court emphasised that in cases where the potential sentence is seven years or less, police must issue a notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) before an arrest is made.
Furthermore, the High Court reiterated that magistrates must exercise their judicial authority and not act as executive officers when issuing remand orders.
HC stresses on SC guidelines
The court stressed the importance of magistrates applying their minds to the facts and circumstances of each case, taking into account the guidelines laid down by the Supreme Court.
The ruling stemmed from a petition filed by Dastagiri, the sixth accused in a case registered at Malakpet police station.
He challenged the magistrate’s remand order, arguing that it was illegal and issued without proper scrutiny.
The High Court’s investigation revealed that Dastagiri was arrested at 10:15 pm on July 7th but was only produced before the court at 11:35 pm on July 8th, a delay of 1 hour and 20 minutes beyond the mandatory 24-hour period.
The court found the police’s explanation for this delay to be unsatisfactory. Consequently, the High Court annulled the remand order and directed Dastagiri’s immediate release, a decisive action that reaffirms the judiciary’s role as a check on executive power and a guardian of individual liberties.
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