Today, On 14th November, The Bombay High Court reserved its order on a plea filed by the son of a Shiv Sena leader, challenging his arrest in a BMW hit-and-run case. The defendant, who was involved in a fatal accident, had approached the court seeking relief after his arrest. The plea questions the legality of his detention, claiming that it was unwarranted. The court will deliver its verdict after reviewing the arguments presented in the case.
Mumbai: The Bombay High Court reserved its order regarding a petition from Mihir Shah, the son of Shiv Sena leader Rajesh Shah, who is challenging his arrest by the police.
The division bench, consisting of Justices Bharati Dangre and Manjusha Deshpande, announced that a decision will be made on November 21.
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During the proceedings, the bench raised questions about whether an accused person needs to be informed of the grounds for their arrest, particularly in cases where they are caught in the act, suggesting that this requirement could be seen as an “empty formality.”
The bench stated,
“If you are caught red-handed, then you don’t know the grounds of arrest? How do you say the arrest is vitiated that grounds are not communicated? According to us, it is an empty formality. Fact and circumstances in each case… you bang the lady, you were in such a hurry you left your fastag card? This is a testing case. For example, if murder has taken place the accused is aware. But the formality is that he should be informed so he is aware when taken in remand. In such cases, a chain of circumstances is there. Whether despite having knowledge, will formality have to be completed?”
Shah was arrested on July 9, following an incident where he allegedly crashed his BMW into a two-wheeler in Mumbai’s Worli area, resulting in the death of Kaveri Nakhwa (45) and injuries to her husband, Pradeep.
Mihir Shah accused of fleeing the scene of the accident towards the Bandra-Worli Sea Link, even as the woman remained on the bonnet of his car and subsequently became entangled in the wheels for over 1.5 kilometers.
The incident took place on Annie Besant Road while Shah was returning from a lengthy drive at Marine Drive after a night out in Juhu.
Shah has asserted that his arrest breached Section 50 of the Code of Criminal Procedure, claiming that he was not informed of the reasons for his arrest at that time, which he argues contravenes established legal procedures.
Public Prosecutor Hiten Venegoankar countered that both accused were aware of the grounds for their arrest.
After considering the arguments from both sides, the bench decided to reserve its order.