Calling Thane police's action of arresting actor Nawazuddin Siddiqui's lawyer as 'high-handedness', HC orders release
Advocate Rizwan Siddiqui after his release on Wednesday
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Five days after his arrest in the Call Detail Record (CDR) case, Advocate Rizwan Siddiqui walked free yesterday, armed with an order from the Bombay High Court. The HC has called Thane police's action of arresting him as "high-handedness" and "without following due process of law".
Before passing the order, judges even asked the police, "Are you releasing him or should we pass an order?" The Thane police then had to tell the HC that they were releasing him.
Rizwan is actor Nawazuddin Siddiqui's lawyer and had allegedly obtained the CDR of the latter's wife. He was called for questioning and arrested on March 16.
In court
A bench of justices S C Dharmadikari and P D Naik checked all records of the Thane police, including the case diary. When the Thane police said it had served a notice under the Criminal Procedure Code (CrPC) section 41 (A) to Rizwan before his arrest, the bench questioned that if he was served notice on March 15 and told to appear on March 17, why was he held on March 16.
Section 41 (A) of the CrPC sets out guidelines for a prosecuting agency to arrest a person without warrant. The bench was hearing a habeas corpus petition filed by Rizwan's wife Tasneem, challenging the manner of his arrest. When it was pointed that Rizwan was in police custody till March 23 as per the order of magistrate court, HC dismissed the argument. "The magistrate's order is not binding upon this court," the bench observed.
The bench asked senior officers of the Thane police and Home department to inquire into the matter and, if needed, initiate appropriate action against the officers in the case.
Rizwan speaks
"I don't know what's happened in the media in the last five days [the naming of Ayesha Shroff and others in the case]," he said, adding that he had full faith in the judiciary, and that the HC order had clarified whether his arrest was right or wrong.
"On the CDR issue, I won't speak on matters related to clients, as there's the issue of confidentiality," he said. His wife said they were responsible members of the bar council and had full faith in the judiciary and were fully cooperating in the case.
Also read: Rizwan Siddiqui has been made a scapegoat to protect Nawazuddin and his brother, claims lawyer
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