A Bench comprising Justices BR Gavai and KV Vishwanathan raised this issue while hearing a plea challenging the arrest of Mihir Rajesh Shah in the BMW hit-and-run case in Worli, which resulted in the death of a 45-year-old.
![[BMW Hit-and-Run Case] 'It Is A Settle Law, Failure to Provide Grounds Will Invalidate Arrest': Supreme Court](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/12/image-30.jpeg?resize=800%2C459&ssl=1)
NEW DELHI: The Supreme Court on Friday (13th Dec) expressed its intent to settle the legal question of whether an arrest is rendered invalid in all cases if the accused is not furnished with the grounds of arrest.
A Bench comprising Justices BR Gavai and KV Vishwanathan raised this issue while hearing a plea challenging the arrest of Mihir Rajesh Shah in the BMW hit-and-run case in Worli, which resulted in the death of a 45-year-old.
The Bombay High Court refused to quash Shah’s arrest, despite acknowledging that he had not been provided with the grounds for his arrest. The High Court reasoned that Shah was already aware of the reasons for his arrest, as he was alleged to have fled the crime scene and attempted to conceal evidence, including the car’s number plate.
The High Court further held that the benefit of Supreme Court judgments, which mandate written grounds of arrest, could not be extended to Shah’s case.
It referenced the Supreme Court’s decision in Pankaj Bansal, which required the Enforcement Directorate (ED) to furnish written grounds of arrest in money laundering cases, and the Court’s ruling in Prabir Purkayastha, which imposed a similar requirement in cases under the Unlawful Activities (Prevention) Act (UAPA).
On Friday, the Supreme Court declined to interfere with the Bombay High Court’s dismissal of Shah’s petition. Justices Gavai and Narasimha found no error in the High Court’s findings. However, the Bench acknowledged the constitutional significance of the issue, specifically its connection to Article 22(1) of the Constitution of India.
READ ALSO: [BMW Hit-and-Run Case] ‘Illegal Arrest’: Bombay HC Rejects Accused Mihir Shah’s Plea
Article 22(1) states that a person arrested cannot be detained without being informed of the reasons for their arrest and must not be denied the right to legal counsel of their choice.
“While we do not find any prima facie error in the High Court’s decision, we consider it necessary to entertain the matter to examine the legal position,”
the Bench observed.
Accordingly, the Supreme Court issued notice in the matter to address the broader constitutional and legal questions.
Senior Advocate Rebecca John, along with advocates Jay Kumar Bhardwaj, Priya Darshini Arora, Siddharth Sharma, Disha Bajaj, Rishi Bhuta, and Ishika Chauhan, appeared for Mihir Shah.
Background of Worli Hit-and-Run Case
Mihir Shah, 24, was arrested on July 9 after hitting his BMW into a scooter on July 7, killing pillion rider Kaveri Nakhwa and injuring her husband, Pradip Nakhwa, who was driving. The incident occurred in the early hours, with Kaveri being dragged nearly two kilometers.
A 716-page charge sheet filed in the Sewri sessions court names Mihir Shah, his father Rajesh Shah, and their driver Rajrishi Bidawat as the accused. Mihir faces charges of drunk driving, as he was allegedly at the wheel during the accident. Police have listed 38 witnesses, including onlookers, staff from establishments where Mihir consumed alcohol, and police officers.
Rajesh Shah, arrested on July 7 and granted bail the next day, is accused of aiding his son’s escape and instructing Bidawat, who was in the passenger seat during the crash, to swap seats with Mihir after the collision.
