HC terms Pune man's arrest illegal over 48-hour delay in court production
MUMBAI: The Bombay high court (HC) has declared the arrest of a 58-year-old Pune resident illegal after finding that he was not produced before a magistrate within 24 hours of being apprehended — a violation of both constitutional and statutory safeguards. HC terms Pune man's arrest illegal over 48-hour delay in court production
A division bench of justice Mahesh Sonak and justice Valmiki Menezes ruled on Friday that Hanumant Nazirkar's arrest, though formally recorded much later, effectively began at 1pm on October 25, 2024, when Baramati police picked him up from Pune's Shivajinagar metro station.
Nazirkar and his wife had been booked by the Baramati Taluka police in connection with a March 3, 2023 complaint accusing them and others of cheating the complainant of ₹ 3.37 crore. His plea for anticipatory bail had been earlier rejected.
While police formally recorded his arrest only at 9pm on October 26, he was produced before a magistrate around 12.20pm on October 27 — nearly 48 hours after being apprehended. Nazirkar moved the high court challenging the legality of this delay, citing Article 22 of the Constitution and Section 57 of the Criminal Procedure Code, both of which require a person taken into custody to be presented before a magistrate within 24 hours.
The government's counsel argued that Nazirkar was not under arrest during this period, claiming he was being medically evaluated — first referred from Baramati to Sassoon Hospital in Pune, but ultimately admitted to a private hospital in Baramati shortly after midnight and discharged only on the evening of October 27. They pointed out that Nazirkar's son was with him and that he had remained in touch with his family over the phone.
The court, however, rejected this line of defence. 'The arrest commences with the restraint placed on the liberty of the person and not with the time of arrest recorded by the arresting officer,' the bench said. 'The test is whether a person has been deprived of their liberty to go where they please.'
The judges observed that once Nazirkar was apprehended by police, his liberty was curtailed — making it an arrest in the eyes of the law. They held that relying on the 'pre-arrest medical examination' argument to bypass the 24-hour rule would defeat the purpose of constitutional protection and could encourage abuse of power.
'There is no legal provision that allows exclusion of time for medical examinations prior to arrest. Such police conduct could lead to unscrupulous tendencies,' the court noted, terming the arrest illegal.
Nazirkar was ordered to be released on bail upon furnishing a personal bond of ₹ 1 lakh and one or more sureties in the same amount.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
an hour ago
- The Hindu
Lynching in Mangaluru: Fact-finding report seeks CID probe
Two months into the mob lynching of Mohammed Ashraf, a ragpicker from Kerala at Kudupu, Mangaluru, People's Union for Civil Liberties-Karnataka, All-India Lawyers Association for Justice-Karnataka, and the Association for Protection of Civil Rights-Karnataka have jointly released a fact-finding report on the incident. The report, titled 'Lost fraternity: A mob lynching in broad daylight', has alleged failure on the part of the State administration in ensuring impartial investigations into incidents wherein the oppressed community members were the victims. The organisations have demanded the transfer of the investigation to the CID, appointment of a special public prosecutor, and compensation to the victim's family. 'Failure of State' Releasing the report at the Press Club of Bangalore, Mavalli Sankar, State convener, DSS – Ambedkarvaada, said, 'In such cases, it is important that officials and elected representatives visit at least the family of the victims to inspire public trust in the rule of law. It has happened neither in the case of Ashraf nor after the incident in which a Dalit at Kattarghatta was killed.' Ashwini K.P., U.N. special rapporteur on contemporary forms of racism, reminded that, given India is a signatory to the international convention on the elimination of all forms of racial discrimination, the State is duty-bound to eliminate hate that leads to violence. Noting that the media has played a key role in communalising the Pahalgam attack and Muslims have been increasingly villainised following it, she stressed on the need to report responsibly. A hate crime Maitreyi Krishnan, president of All India Lawyers Association for Justice, noted that the lynching incident was not a mere murder, but a hate crime. 'It is an attack on the values of the Constitution. The police officials who delayed the registration of the FIR did not follow the Supreme Court guidelines on mob lynching,' she said, demanding disciplinary action against the police officials. Advocate Vinay Sreenivasa demanded that the State administration organise a meeting with civil society groups on how best to uphold law and order. He expressed concerns over the government's plans to introduce new laws to counter hate and fake news, as well as establish the Special Action Force, while, according to him, it has failed to enforce the existing laws.
Hans India
9 hours ago
- Hans India
CM slams police for poor investigations
Bengaluru: Chief Minister Siddaramaiah has expressed deep concern over the declining quality of police investigations across Karnataka, despite a drop in overall crime rates. Speaking at a high-level police review meeting held at the State Police Headquarters, the CM pulled up senior officers over lapses in key cases and demanded a course correction. Referring to the recent mob lynching incident in Bengaluru that claimed 11 lives, Siddaramaiah said, 'In my 40 years of political life, I have never witnessed such a tragic case of mob violence. The CID and intelligence completely failed. Despite deaths being reported by 3:50 PM, senior officers failed to inform me accurately, claiming only one death even by 5:45 PM.' The CM said he had no choice but to suspend top officials, though he admitted the decision saddened him. 'But when mistakes are made, action is inevitable,' he stated sternly. In a strongly worded rebuke, Siddaramaiah questioned officers for their failure to act against hate speech and communal incitement, especially in the Dakshina Kannada region. 'Why are communal incidents happening only in Mangaluru and not elsewhere? Why are you not taking suo motu action against those spreading hatred?' he asked. The CM instructed the police to identify and act against instigators, irrespective of their background. 'We cannot sit back and watch. The police must instill fear of the law in the minds of potential offenders,' he said, urging the force to create a law-abiding, citizen-friendly police environment. Siddaramaiah also announced that the government would begin recruitment to fill vacant posts in the police department within the next two months. He emphasized the government's commitment to providing resources, funds, and infrastructure to the department. "You are entrusted with delivering justice to both the powerful and powerless. The law is equal for all. We have pledged to uphold democracy and the Constitution — act accordingly,' he said.
India Gazette
9 hours ago
- India Gazette
"Crimes against women are increasing in West Bengal...afraid to step out of home...": BJP's Dilip Ghosh slams Mamata Banerjee
Paschim Medinipur (West Bengal) [India], June 28 (ANI): Bharatiya Janata Party (BJP) leader Dilip Ghosh on Saturday slammed West Bengal Chief Minister Mamata Banerjee for not taking sufficient action to prevent crimes against women in the state. Ghosh's comments come in the wake of the alleged gangrape case in Kolkata, which has sparked widespread outrage and protests. Speaking to ANI, Dilip Ghosh said, '... Mamata Banerjee does not see such incidents. Crimes against women are increasing in West Bengal, and women are afraid to step out of homes... TMC should at least condemn such acts...' Reacting to Kalyan Banerjee's controversial statement on rape, 'what can be done if a friend rapes his friend,' Ghosh said, 'He should be ashamed. He is a senior leader, lawyer... He should motivate people to protest against such incidents...' 'I am not an advocate into the incident that occurred at the Law College but the accused should be arrested. A few men commit this type of what can be done if a friend rapes his friend. Will the police be there in schools? This was done by students to another student. Who will protect her (victim)? This (South Calcutta Law College) is a government college. Will the police always be there?' Kalyan Banerjee told ANI. A female student was allegedly gang-raped inside a law college in Kolkata's Kasba on Wednesday. The police have arrested all three accused within 24 hours. The three accused, named as Monojit Mishra (31), Zaib Ahmed (19), and Pramit Mukhopadhyay (20), were former students or staff members of the same law college. According to the police, the accused named in the FIR will be produced before the ACJM of Alipore, South 24 Parganas, with a prayer to remand them to Police Custody for a proper investigation into the case. Ghosh backed RSS General Secretary Dattatreya Hosabale's remarks on the Constitution, and said that words like 'socialist' and 'secular' were not part of the original Preamble and will be removed when the time is right. He accused the Congress of insulting the Constitution 50 years ago and said the party. '... The constitution was insulted 50 years ago... Everyone should know about the way Congress, which talks of democracy, ran a bureaucratic rule... Terms like 'socialist' and secularism were not there in the preamble, and it will be removed at the right time, because it is against the theme of our constitution,' Ghosh said. RSS General Secretary Dattatreya Hosabale had questioned the legitimacy of including the terms 'socialist' and 'secular' in the Preamble of the Indian Constitution. (ANI)
