CDR scam: HC orders inquiry against Thane DCP for ‘taking law in his hands’
The order came on a petition filed by Rizwan’s wife Tasneem, complaining that her husband had been wrongfully arrested.Updated: Mar 22, 2018 01:06 IST
Holding that lawyer Rizwan Siddiqui was unlawfully detained by the Thane police for allegedly obtaining call data records (CDRs) of Bollywood actor Nawazuddin Siddiqui’s wife, Aaliya Siddiqui, the Bombay high court on Wednesday ordered him to be released by 5pm.
The division bench of Justice SC Dharmadhikari and Justice Prakash Naik also ordered the union home ministry to initiate disciplinary inquiry against deputy commissioner of police Abhishek Trimukhe for purportedly “taking law into his hands.”
The order came on a petition filed by Rizwan’s wife Tasneem, complaining that her husband had been wrongfully arrested without first issuing him a notice of appearance before the police, as required under Section 41-A of the Criminal Procedure Code.
She had sought his release on the ground that the lawyer was being held in wrongful and illegal detention.
The police, however, maintained that the notice as required under Section 41-A was issued to the lawyer on March 16 and he was asked to remain present before the police officer, who had issued the notice, on the next day.
The judges were irked to note that the lawyer was, however, arrested at around 10.22pm on March 16 itself, instead of allowing him to present himself before the police officer concerned the next day – making it clear that no notice was actually served to the lawyer.
They said this high-handed action on part of the police was in complete violation of the mandate of the Criminal Procedure Code and therefore was also violative of Rizwan’s constitutional right to liberty guaranteed under Article 21 of the Constitution.
The judges were also annoyed with Trimukhe’s conduct in the matter, although the high court made it clear that there was violation of the legal mandate.
“He remains adamant and persists that only if this court says that the petitioner’s husband should be released, he would have no objection to such release,” said the bench.
While granting liberty to Rizwan to sue or prosecute the police officials concerned for his wrongful detention, the bench also clarified that Rizwan does not “enjoy any immunity from prosecution” and police can proceed against him, but in accordance with law, if he had committed any offence.