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During the hearing, the bench also indicated that it would address whether an accused needs to be informed of the grounds for arrest, even when caught red-handed, as it could become an "empty formality" in such cases
The Bombay High Court on Thursday reserved its order in a petition filed by Mihir Shah, son of Shiv Sena leader Rajesh Shah, challenging his arrest by the police.
The division bench of Justices Bharati Dangre and Manjusha Deshpande reserved the order and stated that it would pass the order on November 21.
During the hearing, the bench also indicated that it would address whether an accused needs to be informed of the grounds for arrest, even when caught red-handed, as it could become an "empty formality" in such cases.
“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?” the bench said.
Shah was arrested on July 9, two days after he allegedly rammed his BMW car into a two-wheeler in Mumbai's Worli area, killing Kaveri Nakhwa (45) and injuring her husband Pradeep.
Shah is accused of speeding off towards the Bandra-Worli Sea Link after the accident, even as the woman remained on the bonnet of the car and then got entangled in its wheels for a distance of more than 1.5 kilometres.
The accident occurred on Annie Besant Road as Mihir Shah was returning from a long drive at Marine Drive following a night of partying in Juhu.
Shah has claimed that his arrest violated Section 50 of the Code of Criminal Procedure.
Mihir Shah contended that the grounds for his arrest were not communicated to him at the time, thereby violating the procedure established under the Code.
Public Prosecutor Hiten Venegoankar submitted that both accused were aware of the reasons for their arrest.
After hearing both parties, the bench reserved its order.
Case title: Mihir Shah vs State of Maharashtra
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