Anil Jaisinghani calls his arrest illegal, urges HC to quash police remand order
Bookie Anil Jaisinghani and his cousin Nirmal on Thursday filed a petition in the Bombay high court claiming that the Malabar Hill police arrested them without following the procedure laid down in section 41 and 41A of the Criminal Procedure Code
Bookie Anil Jaisinghani and his cousin Nirmal on Thursday filed a petition in the Bombay high court claiming that the Malabar Hill police arrested them without following the procedure laid down in section 41 and 41A of the Criminal Procedure Code. They urged the HC to quash the sessions court’s order remanding them in police custody and to release them on bail.
The duo, along with Anil’s daughter Aniksha, was arrested on charges of bribing and blackmailing Amruta Fadnavis, wife of deputy chief minister Devendra Fadnavis.
In the plea filed through advocate Manan Shanghai, the two claimed that after their arrest they were kept in police custody beyond the prescribed period (24 hours), and it was in violation of their fundamental rights guaranteed under the constitution. “Delay in producing the accused before the magistrate and non-compliance with the mandatory provisions of the CrPC has caused a prejudice for the accused.”
Aniksha was arrested on March 16 whereas her father and Nirmal were apprehended in Gujarat around 11.45 pm on March 19 and were produced before the sessions court after 36 hours. The court sent Anil and Nirmal to police custody till March 27. Aniksha’s police remand has been extended till March 24.
Pointing to the lapses in the sessions court’s order which permitted their police remand, the petition said, “Merely stating that there is due compliance with section 41 and 41A of the CrPC is not sufficient in view of the guidelines laid down by the Supreme Court in the Arnesh Kumar and Satender Kumar Antil cases. It is not an empty formality. The onus of recording satisfaction, as already stated, not only lies with the investigating officer but even with the remanding judge. Justice has been consistently denied to the respondents.”
The HC will hear the petition in due course.
Amruta Fadnavis, in her complaint at Malabar Hill police station on February 20, said the father and daughter allegedly blackmailed her and tried to extort ₹10 crore from her.
Aniksha befriended the complainant a few years ago and gained her trust. However, when she asked Amruta Fadnavis to help drop charges against her father, the latter blocked her, the complaint said. A few days later, Aniksha sent a few audio and video recordings to the complainant, which purportedly showed that the latter was accepting favours from the former, and said if she did not pay the money those clips would be made public, the FIR said.