Bombay High Court division bench of Justice SC Dharmadhikari and Justice Prakash Naik came down heavily on Thane police officers investigating the CDR (call detail records) case.
The division bench was hearing a habeus corpus petition filed by celebrity advocate Rizwan Siddiqui’s wife Tasneem.
The court had earlier asked the prosecution to produce contemporaneous documents pertaining to Siddiqui’s arrest.
A notice under Section 41(a) of Criminal Procedure Code mandates that the investigating agency should serve a notice to the person they need to question, asking him to be present before them at a specified time date and location.
While looking at the notice and the arrest memo given to Tasneem by police, Justice Dharmadhikari asked the public prosecutor Aruna Pai, “Do you want strictures against these police officers? Do you want an inquiry in this issue? When you had asked the advocate to produce himself before the police on March 17 at 11 am then why did you have to go with the entire force and arrest him before that?”
Siddiqui was arrested by Thane police on the allegation of having sought call data records of actor Nawazuddin Siddiqui’
s estranged wife Sheeba. She is locked in a bitter divorce battle with Nawazuddin.
According to advocate Siddiqui, he had done so only after his client had asked him to do so. For this, he had even gone to the bar council to ask their permission to divulge the privileged information between a lawyer and his client. However, the Thane police arrested him a day before and handed an arrest memo to his wife around 10:30 pm on March 16.
Public prosector Pai showed various documents to show that Thane police had indeed followed procedures. However, Justice Dharmadhikari was not impressed and called it a “facade”. Pai then took time till 1 pm to respond to the court.
At 1 pm Pai came back to the court and said that she had instructions that Thane police are ready to release Siddiqui from custody but the only problem was that lower court had remanded Siddiqui to police custody till March 23. However, the division bench refused to hear any further saying that it was an issue related to police and lower court.
While dictating, the division bench also said in its order that it expects an inquiry against the erring police officers who took law into their hand and that Rizwan Siddiqui should be released by 5 pm.
Advocate Rizwan said that they would like to pursue an inquiry against the Thane police officers.
via Bombay HC terms lawyer Rizwan Siddiqui’s arrest illegal, asks Thane Police to release him by 5 pm | IndiaToday