Patna: The Andhra Pradesh Police suffered a setback in Bihar after a local court refused to grant transit remand for senior IPS officer M. Sunil Naik, currently serving as Inspector General (Fire Services) in Bihar.
The Patna Civil Court declined to allow the officer’s transfer to Andhra Pradesh, citing serious procedural lapses in the manner the arrest was attempted. The court ordered his immediate release and further directed that no coercive action be taken against him for 30 days.
Background of the Case
The Andhra Pradesh Police had arrived in Patna in connection with a case registered in Guntur district based on a complaint filed in 2024 by Raghu Rama Krishna Raju, currently Deputy Speaker of Andhra Pradesh.
In his complaint, Raju alleged that he was subjected to custodial torture and an attempt to murder in 2021. Sunil Naik has been named as Accused No. 7 (A7) in the case. At the time of the alleged incident, he was serving on deputation as Deputy Inspector General in the Andhra Pradesh CID.
Arrest Attempt in Patna
On Tuesday, an AP Police team reached Naik’s residence in Shastri Nagar, Patna, and took him into custody. He was subsequently produced before the Additional Chief Judicial Magistrate (ACJM) court in Patna, where the AP Police sought a transit warrant to take him to Andhra Pradesh for further investigation.
However, the court observed that the AP Police failed to produce a valid arrest warrant and did not submit an updated case diary. It also took serious note of the fact that prior intimation was not given to the local Bihar Police authorities.
Court’s Observations
The court termed these lapses as significant procedural violations and refused to grant transit remand. It ordered the immediate release of the IPS officer and restrained authorities from initiating any coercive action against him for a period of 30 days.
The development has sparked legal and administrative debate over inter-state police procedures and the safeguards applicable to All India Service officers.
Court Seeks Explanation
The High Court directed the Andhra Pradesh Police to submit a detailed affidavit clarifying:
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The grounds of arrest
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Whether prior intimation was given to Bihar authorities
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Compliance with service rules governing IPS officers
The court emphasized that federal principles must be respected and that state police forces cannot act in haste without following due procedure, especially in cases involving senior officers.
Concerns Over Due Process
Appearing for the petitioner, counsel argued that the arrest was carried out without adequate notice and in violation of service protections available to IPS officers. The plea alleged that mandatory safeguards, including official communication and documentation, were not properly observed.
The bench remarked that while no individual is above the law, law enforcement agencies must act strictly within the legal framework. “Procedure established by law must be followed in letter and spirit,” the court orally observed.
Andhra Pradesh Police Response
Representatives of the Andhra Pradesh Police informed the court that the arrest was made in connection with an ongoing investigation. They maintained that the action was lawful and based on credible evidence.
However, the High Court indicated that it would examine whether the arrest complied with constitutional safeguards and service regulations before allowing further proceedings.
Next Hearing
The matter has been posted for further hearing later this week, with the court seeking complete records related to the arrest.
The case has sparked wider debate within administrative and legal circles about inter-state jurisdiction, accountability of senior officers, and the balance between investigative powers and procedural fairness.
More details are awaited as the court continues to hear the matter.
