SC stays Bombay HC order to initiate action against cops
What's the story
The Supreme Court today stayed the Bombay High Court judgment ordering departmental action against Maharashtra policemen involved in a probe against a lawyer who was accused of illegally possessing call detail records (CDRs) of actor Nawazuddin Siddiqui's wife.
The top court, however, issued a notice to lawyer Rizwan Siddiqui and asked him to file his reply in the matter within four weeks.
Here's more.
The stay order
Senior advocate Mukul Rohatgi appeared for the state government
Senior advocate Mukul Rohatgi and advocate Nishant Katneshwar appeared for the state government and sought the stay of the Bombay High Court's order of March 21 in which it had held that in arresting Rizwan Siddiqui, the Thane Police had acted in a "highhanded" manner and had failed to follow "due process of law".
Advocate CA Sundaram appeared for Rizwan Siddiqui.
HC's order
Bombay HC directed the release of advocate Rizwan Siddiqui
The High Court had directed the Thane Police to release Rizwan, who was arrested on March 16 for allegedly having ordered the illegal procurement of the CDR of Nawazuddin's wife.
It had also directed Thane Police's senior-most officials and the state Home department to inquire into the actions of Thane Police and if deemed fit, initiate appropriate punitive proceedings against the officials concerned.
Information
Advocate Rizwan's wife challenged the manner of his arrest
Rizwan's wife, Tasneem, had challenged the manner of his arrest and filed a habeas corpus petition in the high court. In the plea, she claimed that her husband Rizwan Siddiqui had received a witness summon from the Thane Crime Branch Unit one on February 14.
The plea
Thane police kept him in wrongful and illegal custody: Plea
The plea read that on March 16, around 10 pm, Thane Crime Branch officials came to Rizwan's office and while recording the statement, arrested him without giving him any notice under Section 41(A) of the CrPC to give him time to make an appearance before the police.
It alleged that the Thane police kept him in wrongful and illegal custody.
Notice
Rizwan refused to accept the Section 41 (A) notice
However, the state told the Bombay High Court that the Thane Crime Branch had attempted to serve the 41(A) notice on Rizwan Siddiqui.
But because he refused to accept it, he was arrested, the prosecution said.
Section 41 (A) of the Criminal Procedure Code (CrPC) sets guidelines for a prosecuting agency to arrest a person without a warrant.
Information
Rizwan was arrested before he could visit the police
The high court noted that while the notice was issued on March 15, asking Rizwan Siddiqui to appear before it on March 17 at 11 am, he was arrested before he could visit the police.