High drama in court over Riyaz’s custody
The court witnessed high voltage drama, powered by arguments and counter arguments between prosecution, defence and SIT as the Lokayukta joint commissioner Riyaz was produced before a Lokayukta special court on Monday.
It started with the question of Riyaz’s custodial interrogation. Riyaz’s counsel, Hasmath Pasha, who had first moved for interim bail and then bail submitted that the case should not be considered for custodial interrogation.
The defence cited two reasons: There were no specific charges against Riaz in the ongoing case and medical ground. Riyaz suffers from hypertension, diabetes, head ache, giddiness and chest pain and needed constant supervision of a doctor, and would co-operate from hospital whenever required, his counsel argued.
The defense countered that the tenure of sentence under the sections under which Riyaz has been booked is under 7 years and so he should be granted interim bail. But the SIT said the nature and seriousness of the offence such that it had drawn national attention and that the sentence should not be criteria. The prosecution too cited the nature of offence and the people involved for sending him to custody. While these arguments were taking place, an emotional Riyaz broke his silence and said he had done nothing wrong and his name was being dragged unnecessarily in the controversy.
He said the facts of the case were botched and cooked up. “My role is zero. I’m ready to prove my innocence. I will certainly reveal everything that will help investigation,” Riyaz said.
Lokayukta special court judge, V G Bopaiah, gave Riyaz to police custody but with condition that records pertaining to the places he is taken to and other things pertaining to custodial interrogation should be kept intact.
Doctor of his choice
Riaz sought treatment whenever required from doctors of his choice. SIT officer, Labu Ram said he would be provided treatment from doctors of his choice and a second opinion would be sought from SIT identified doctors.
Proper bed, home food
Riyaz’s counsel also sought proper facility for him to sleep, including a proper bed outside prison cell. Though request for a room in police mess was made, SIT objected it stating it was not possible. Then SIT officials assured that a proper facility would be given. Request for home-cooked food was made from Riyaz’s counsel based on his health conditions.
Absence of media
Riyaz also sought a direction from court to SIT to avoid him from media lenses. Riyaz said he was subjected to media trial which portrayed him as an accused. The prosecutor, however said it was not in their control. Riaz while walking out wore a mask.
To be suspended
If a government servant spends more than 48 hours in police custody/judicial custody, he has to be placed under suspension by the competent authority. Riyaz has been made an accused in the Rs 1 crore demand of bribery case. He was arrested on Monday and will be in police custody till August 5. This means the Registrar of Lokayukta will place him under suspension.
Related Story: SIT detains Riyaz at airport on return from Saudi
Related Story: 2 more held in Lokayukta scandal
It started with the question of Riyaz’s custodial interrogation. Riyaz’s counsel, Hasmath Pasha, who had first moved for interim bail and then bail submitted that the case should not be considered for custodial interrogation.
The defence cited two reasons: There were no specific charges against Riaz in the ongoing case and medical ground. Riyaz suffers from hypertension, diabetes, head ache, giddiness and chest pain and needed constant supervision of a doctor, and would co-operate from hospital whenever required, his counsel argued.
The SIT, however, objected to the reprieve on medical ground saying that after taking Riyaz in custody he was subjected to medical tests at Victoria hospital, where he was found hale and healthy. Then defence objected to the certificate of well-being issued by Victoria hospital, stating that a PG student on internship gave it even without proper check. The public prosecution Ramesh Babu was more blunt and said he Riyaz had resorted to hospitalisation only to evade arrest. They said custodial interrogation was required for an effective investigation pertaining to several others accused.
The defense countered that the tenure of sentence under the sections under which Riyaz has been booked is under 7 years and so he should be granted interim bail. But the SIT said the nature and seriousness of the offence such that it had drawn national attention and that the sentence should not be criteria. The prosecution too cited the nature of offence and the people involved for sending him to custody. While these arguments were taking place, an emotional Riyaz broke his silence and said he had done nothing wrong and his name was being dragged unnecessarily in the controversy.
He said the facts of the case were botched and cooked up. “My role is zero. I’m ready to prove my innocence. I will certainly reveal everything that will help investigation,” Riyaz said.
Lokayukta special court judge, V G Bopaiah, gave Riyaz to police custody but with condition that records pertaining to the places he is taken to and other things pertaining to custodial interrogation should be kept intact.
Doctor of his choice
Riaz sought treatment whenever required from doctors of his choice. SIT officer, Labu Ram said he would be provided treatment from doctors of his choice and a second opinion would be sought from SIT identified doctors.
Proper bed, home food
Riyaz’s counsel also sought proper facility for him to sleep, including a proper bed outside prison cell. Though request for a room in police mess was made, SIT objected it stating it was not possible. Then SIT officials assured that a proper facility would be given. Request for home-cooked food was made from Riyaz’s counsel based on his health conditions.
Absence of media
Riyaz also sought a direction from court to SIT to avoid him from media lenses. Riyaz said he was subjected to media trial which portrayed him as an accused. The prosecutor, however said it was not in their control. Riaz while walking out wore a mask.
To be suspended
If a government servant spends more than 48 hours in police custody/judicial custody, he has to be placed under suspension by the competent authority. Riyaz has been made an accused in the Rs 1 crore demand of bribery case. He was arrested on Monday and will be in police custody till August 5. This means the Registrar of Lokayukta will place him under suspension.
Related Story: SIT detains Riyaz at airport on return from Saudi
Related Story: 2 more held in Lokayukta scandal
