IG arrested, granted relief in Bihar drama

Naik, currently posted as IG of Home Guard and fire services in Bihar, is wanted by the Andhra Police in connection with the alleged custodial torture of current assembly deputy speaker K Raghu Ramakrishna Raju in a 2021 sedition case

The ACJM court of Patna on Monday denied transit remand sought by an Andhra Pradesh police team for 2005-batch IPS officer M Sunil Kumar Naik. The court also denied any coercive action against him for 30 days after his dramatic early morning arrest and subsequent appearance before it.

Sunil Kumar Naik

Naik, currently posted as IG of Home Guard and fire services in Bihar, is wanted by the Andhra Police in connection with the alleged custodial torture of current assembly deputy speaker K Raghu Ramakrishna Raju in a 2021 sedition case, people familiar with the matter said.

During the hearing Naik’s counsel Amit Srivastava opposed before the court of issuing transit remand. He argued that the Andhra Pradesh police failed to produce any arrest warrant or documents related to transit remand. “After hearing both sides, the court of ACJM-12 directed the police that they will not take any coercive action against the IPS officer for the next 30 days. Andhra Pradesh police will take any legal action against Naik only after 30 days. Even the court told the police that they will approach the Patna court again on the basis of legal formalities papers after completion of 30 days,” said Naik’s counsel.

Naik himself was not available to comment on his arrest and court relief.

However, his arrest earlier on Monday was very dramatic as a number of home guard personnel created a ruckus at the IG’s official residence, raising objections over the manner in which the IG was rounded up by the Andhra police. They were pacified by city SP Patna Bhanu Pratap Singh, who reached the spot with a team of local police.

The city SP told reporters that Naik was picked up from his official residence at around 6 am. He added that the AP police had sought Patna police’s help in seeking transit remand of Naik, but the court refuted it finding procedural lapse on the part of the AP police.

According to an Andhra government official, a team of police officials from the crime investigation department (CID) went to the official residence of Naik in Patna on Monday morning. “After informing the higher officials in the Bihar police department, the team took Naik into custody and produced him before the lower court for a transit warrant,” the official said.

He said the CID authorities decided to arrest Naik as he had failed to respond to several notices issued to him over the past few months asking him to appear for questioning in connection with the case.

Naik was brought on deputation to Andhra Pradesh by the previous YSR Congress party government on December 4, 2019, for three years and was posted as deputy inspector general of CID. In May 2021, when Raghu Ramakrishna Raju was arrested in a sedition case, Naik allegedly subjected him to third-degree torture in the CID custody.

Raju, who had won from Narsapuram Lok Sabha seat in 2019 on a YSRCP ticket, had turned rebel and started criticising then chief minister Y S Jagan Mohan Reddy. Before 2024 elections, he defected to the TDP and won the assembly elections from Undi assembly constituency in West Godavari district. He was later elected as deputy speaker of the assembly.

In July 2024, the Nagarapalem police in Guntur district registered a case based on a complaint from Raju, who alleged that he was subject to custodial torture. Apart from Naik, the police registered an FIR against then chief minister Y S Jagan Mohan Reddy, former intelligence chief P S R Anjaneyulu, former CID chief P V Sunil Kumar, retired additional superintendent of police Vijay Paul and the then superintendent of Guntur Government Hospital Dr Neelam Prabhavati.

The police has registered a case under Section 120B (criminal conspiracy), 166 (public servant disobeying law to cause injury to someone), 167 (framing incorrect document to cause damage), 197 (issuance of false certificates), 307 (attempt to murder), 326 (voluntarily causing injuries with weapons), 465 (forgery) and 506 (criminal intimidation) of the Indian Penal Code.

Raju also made a statement before the police that Naik was also present when the alleged custodial torture took place. Accordingly, the police issued a summons to Naik to record his statement.

Talking to media persons outside the court premises, Amit claimed that the AP police came here without order of transit remand and warrant of arrest, usually issued from the concerned court.

The incident dates back to May 14, 2021 but the FIR was registered on July 11, 2024 with a police station of Guntur district. In the FIR, his client was not named accused in the case. Later, AP’s Guntur police issued summon against the IG to record his statement. Thereafter, the IPS officer filed a criminal writ petition before the Patna High Court in which the court ordered interim protection. “On January 9 this year, my client anticipatory bail application was rejected from the Guntur court. We will file quashing application before the AP high court shortly,” added Amit.

Earlier in a high voltage drama, Andhra Pradesh police arrested the IPS officer in connection with a five-year-old case of alleged custodial torture of a senior Telugu Desam Party leader, K Raghu Rama Krishna Raju, currently the Deputy Speaker of the Andhra Pradesh legislative assembly. Rama Krishna Raju had alleged that he was arrested in connection with statements made against the then chief minister Jaganmohan Reddy who heads the YSR Congress, now the main Opposition party in the southern state.

A number of home guard personnel, created a ruckus at the IG’s official residence, raising objections over the manner in which the IG was rounded up. They were pacified by city SP Patna Bhanu Pratap Singh, who reached the spot with a team of local police. Naik was on deputation for three years in the Andhra Pradesh government when YSR Congress party ruling the state and he was posted as DIG CID. In May 2021, when Raghu Ramakrishna Raju was arrested in a sedition case, Naik allegedly subjected him to third-degree torture in the CID custody.

According to the complaint, Rama Krishna Raju, who was the then MP from Narasapuram, was allegedly tortured while in custody. In 2024, after the TDP was voted back to power, he lodged a case against the Y S Jagan Mohan Reddy, former intelligence chief P S R Anjaneyulu, former CID chief P V Sunil Kumar, retired additional superintendent of police Vijay Paul and the then superintendent of Guntur Government Hospital Dr Neelam Prabhavati.

The case registered under Section 120B (criminal conspiracy), 166 (public servant disobeying law to cause injury to someone), 167 (framing incorrect document to cause damage), 197 (issuance of false certificates), 307 (attempt to murder), 326 (voluntarily causing injuries with weapons), 465 (forgery) and 506 (criminal intimidation) of the Indian Penal Code.

Meanwhile, city SP Patna Bhanu Pratap Singh told reporters that Naik was picked up from his official residence at around 6 am. The AP police later contacted us seeking our help in reaching the court to obtain transit remand. Bhanu Pratap said the court noted it was a procedural lapse and the senior IPS official has been set free. He will not be treated as having been arrested.”

Replying to a query from journalists, he said, “It is for the Andhra Pradesh police to decide what action it would take if it needs the officer in its custody. We have not lodged an FIR against them for wrongful detention of the IG, but we are looking into what action, if any, we might have to take.”