Bharatiya Janata Party (BJP) spokesperson Prakash Javedakar told media persons here that Owaisi should have been arrested immediately on his arrival from London.
"Congress is providing him protection. There is insincerity in their intent," he alleged, claiming that the Congress, the ruling party in Andhra Pradesh, needed support of the MIM in Hyderabad Municipal Corporation and was "paying the cost".
He said according to the procedure, if an accused complained of ill-health, he should be presented before the court first, and then taken to the hospital.
"Why this was not done?" asked Javadekar.
Akbaruddin Owaisi Tuesday went for medical tests at a government-run hospital in Hyderabad on the directions of police to ascertain if he was fit to face questioning in a case of making hate speeches.
He returned from London early Monday and sought four days' time to appear before police, citing ill-health.
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Javadekar said Owaisi was given "a hero's welcome" on his return from London and police were providing him protection instead of arresting him.
He said the state Congress government was not arresting him to allow him to try and get relief from court against police action.
"That is the Congress's communal politics," he said.
Javadekar said that in contrast, police had conducted a "midnight swoop" on supporters of yoga guru Baba Ramdev in the capital and social activist Anna Hazare was prevented from going to the site of his fast.
"They will arrest a youth who tweets against Chidambaram's son... but not arrest Owaisi," he said.
BJP leader Balbir Punj also earlier claimed collusion between the Congress and the MIM.
"They (Congress and MIM) are hand in glove when Akbaruddin Owaisi speaks the language of fire. He definitely has the tacit support of either local or central Congress leaders," Punj said.