Hyderabad: The Telangana high court directed the police to issue notices under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), following Supreme Court guidelines, to a group of around 20 farmers, including five women, and to follow due process of law while taking any action against them in connection with the cases registered against them at Markook police station, Siddipet district.The case was registered against the farmers over an alleged purification incident involving Dalits outside former CM K Chandrasekhar Rao’s farmhouse at Eravalli following a protest by the Congress cadres.It was alleged that the petitioners and several others sprinkled turmeric water on the pathway used by protesting Dalits, allegedly treating it as impure.Justice T Madhavi Devi on Tuesday directed police to issue notices to the petitioner farmers under BNSS provisions strictly in compliance with the apex court guidelines, while hearing a lunch motion moved by the farmers, who approached HC seeking protection from arrest.While the HC order protects the petitioners from being remanded to judicial custody, police have already arrested a few persons in a total of three cases registered in connection with the alleged incident and remanded them to judicial custody.The petitioners’ counsel Kalyan Rao Chengalva argued that Markook police were attempting to arrest them without issuing the mandatory notice under BNSS despite their willingness to cooperate with the investigation.Citing the precedent rulings, Kalyan Rao contended that arrest cannot be made mechanically merely because an FIR is registered, and that police must first satisfy themselves on the necessity of arrest.Strongly opposing the petitions and any interim relief at the threshold, govt pleader (Home) Mahesh Raje contended that the case was registered under SC & ST Prevention of Atrocities Act and the petitioners might not cooperate with the investigation and would also tamper with the evidence if given any relief.Raje informed the court that there is strong evidence against the petitioners and they need to be questioned. “Moreover, if the Investigation Officer is satisfied with the allegations, BNSS allows him to arrest the accused,” he added.
