Court Upholds Arrest Procedures Under Bharatiya Nagarik Suraksha Sanhita, 2023; Denies Protection Under Telangana Advocates Protection Act
In a significant ruling, the Telangana High Court has dismissed the writ petition filed by Advocate Karanam Rajesh Kumar, who was seeking protection from arrest under the Telangana Advocates Protection Act, 2026, in connection with a forgery case. The court, presided over by Justice Smt. T. Madhavi Devi, concluded that the protections offered by the Act do not extend to alleged illegal activities.
The petitioner, Karanam Rajesh Kumar, was implicated as accused No. 11 in Crime No. 62 of 2026, registered with the Economic Offences Wing, Cyberabad. The allegations involve the creation and fabrication of fake Government Orders, with the petitioner reportedly acting as the principal conspirator. According to the prosecution, Kumar projected himself as an Additional Collector and fabricated various official documents, including Government Orders and No-Objection Certificates, involving serious charges that necessitate custodial interrogation.
Kumar’s counsel argued that the arrest and investigation violated mandatory procedures outlined in the Telangana Advocates Protection Act, 2026, and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), specifically Sections 35 to 62. The counsel contended that a mere notice under Section 35(3) of BNSS should suffice, as the petitioner was willing to cooperate with the investigation.
However, the court held that the Telangana Advocates Protection Act is intended to safeguard advocates against violence and intimidation during their professional duties, not to shield them from prosecution for purported illegal conduct. Justice Devi noted that the anticipatory bail plea had already been dismissed, underscoring that the investigation was proceeding in line with the statutory procedures prescribed under BNSS.
The court emphasized that the allegations against Kumar were grave, involving potential imprisonment exceeding seven years, thus justifying the need for proper investigative procedures, including custodial interrogation. Given these considerations, the court found no merit in the petition and upheld the procedural integrity of the ongoing investigation.
This ruling highlights the court's stance on maintaining the balance between upholding legal protections for advocates and ensuring accountability for alleged criminal activities. The dismissal of the petition underscores the judiciary's commitment to due process and the appropriate application of legal statutes.
Bottom line:-
Telangana Advocates Protection Act, 2026 does not grant protection to advocates for alleged illegal activities carried out by them. Arrest and investigation must adhere to the procedure prescribed under Sections 35 to 62 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Statutory provision(s): Telangana Advocates Protection Act, 2026, Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 35 to 62.
Karanam Rajesh Kumar v. State of Telangana, (Telangana) : Law Finder Doc id # 2945316
