The Madras High Court on Thursday adjourned to July 27 a petition filed by Vilathikulam DMK legislator G. V. Markandayan seeking to set aside a magistrate court’s remand order following his arrest for allegedly making abusive and threatening statements against Chief Minister C. Joseph Vijay.
Justice G. K. Ilanthiraiyan deferred the hearing after Public Prosecutor R. John Sathyan requested time to obtain instructions from police authorities.
Procedural Violations Alleged In Petition
In his plea challenging the order issued by the Tuticorin Judicial Magistrate, Markandayan argued that his arrest breached mandatory legal safeguards. He noted that while the offenses leveled against him carry a maximum prison sentence of seven years, law enforcement officers took him into custody without issuing a prior notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNS).
The legislator cited Supreme Court rulings establishing that police are legally required to serve notice under Section 35(3) of the BNS prior to an arrest. The petition emphasized that failure to adhere to these guidelines renders the arrest unlawful and constitutes an abuse of the legal process.
The criminal proceedings originated from a complaint submitted by S. Balasubramanian. Following the complaint, the Tuticorin crime branch registered a case against Markandayan and arrested him on July 20, 2026, before securing his judicial remand.
