Mumbai: The Bombay high court on Wednesday directed police officers to release advocate Rizwan Siddiquee, who was arrested by the Thane police in connection with CDR scam. Names of several Bollywood celebrities — Ayesha Shroff, Kangana Ranaut, Nawazuddin Siddiqui have cropped up in the CDR probe.
The court ordered Siddiquee’s release, as there was no compliance of section 41A of the CrPC that contemplates notice of appearance before the police officer in absence of an arrest warrant.
The division bench of Justice S.C. Dharmadhikari and Justice P.D. Naik passed this order while hearing habeas corpus petition filed by advocate Siddiquee’s wife Tasneem. She requested the court to direct the police to release her husband claiming his detention to be illegal and unlawful. The Thane police arrested Siddiquee for allegedly obtaining Call Data Records (CDRs) of Bollywood actor Nawazuddin Siddiqui’s wife Aaliya. As part of its probe, the Thane police on Wednesday issued summons to Ranaut and Shroff to record their statements.
“Pertaining to Ranaut, we have sought details from the nodal officer to ascertain if the CDR of the said number, messaged by her to Siddiquee, was ever procured. If it was not, then there is no case. If it was the probe will go to next stage,” said a senior police officer. After his release from the custody of Thane police, Siddiquee said, “I never sought for a bail. I was released by the court based on facts.”
He refused to comment on the bit pertaining to why Ranaut had sent him the name and number of her co-star Hrithik Roshan adding. He said, “Last five days I do not even know what has been happening in the media and outside.”
The bench termed the manner in which Siddiquee was arrested as “high handed action” of the police and directed his release by 5 pm. The HC also directed senior police officers and the home department to “launch disciplinary proceedings” against Abhishek Trimukhe, DCP crime branch, Thane. The bench observed that it wouldn’t have directed any action against him had he apologised genuinely and sought time to release Siddiqui.
Advocate Rizwan Merchant on behalf of Tasneem contended before the court that on February 14, the Thane crime branch had issued witness summons to Siddiquee and he was asked to remain present before the police on March 17. But on March 16, the police reached his office and while recording his statement, arrested him at around 10.10 pm without giving him any notice under section 41(A) of CrPC.
Though the police claimed that Siddiqui refused to accept the notice, Justice Dharmadhikari observed, “The entire file was perused by us… we do not see any compliance with the mandate of law.” The bench raised a question as to when Siddiquee was supposed to appear before police on March 17 at 11 am how the police arrested him in the night of March 16.
