India: Bombay HC orders enquiry into lawyer’s arrest, handcuffing by Navi Mumbai Police

29/05/21

Bombay HC orders enquiry into lawyer’s arrest, handcuffing by Navi Mumbai Police

Calling the arrest made by Kharghar Police “illegal”, the plea sought an enquiry by an “independent agency”, pleading that Jha had merely accompanied the client to different places for court hearings and that charges against him were “false”.

The Bombay High Court recently appointed a Principal District and Sessions Judge, Thane to “independently” enquire if Kharghar Police station, Navi Mumbai, “illegally detained” a lawyer, Vimal Jha, between April 3 and 5 and “illegally handcuffed” him while producing him before the Magistrate on April 5 to seek his police custody.

After one of his clients accused Jha of kidnapping him in the first week of April and demanding a ransom of Rs 3 crore, Jha was booked by the police.

A division bench of Justice S J Kathawalla and Justice S P Tavade passed an order on May 19 after hearing a writ plea filed by Vimal Jha, the accused, and a PIL by a group called Lawyers for Just Society, challenging the arrest, argued by advocates Prashant Pandey and Subhash Jha, respectively.

Calling the arrest made by Kharghar Police “illegal”, the plea sought an enquiry by an “independent agency”, pleading that Jha had merely accompanied the client to different places for court hearings and that charges against him were “false”.

In the FIR, the complainant had said the accused and his accomplices had forcibly taken him to various locations in the state, including Karjat, Murbad and Nashik.

The petitioner said he was arrested on April 3 and produced before the magistrate on April 5, beyond stipulated 24-hour limitation as per Criminal Procedure Code (CrPC), which was illegal.

The pleas further said Jha was handcuffed and paraded in the court in violation of norms, which stipulate that no accused shall be handcuffed unless magistrate’s order is obtained.

[…]

https://indianexpress.com/article/cities/mumbai/bombay-hc-orders-enquiry-into-lawyers-arrest-handcuffing-by-navi-mumbai-police-7334827/

https://www.outlookindia.com/newsscroll/bombay-hc-orders-independent-inquiry-into-lawyers-arrest-handcuffing/2091784

https://www.newindianexpress.com/cities/mumbai/2021/may/17/bombay-hc-raps-cops-for-failing-to-answer-queries-on-lawyers-arrest-over-kidnapping-charges-2303690.html

https://www.livelaw.in/news-updates/bombay-high-court-raps-police-over-inconsistent-answers-on-lawyers-arrest-174315

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