Case Note & Summary
The petitioner, Nawbar Mamu Irani, is the mother of Kausar Yusuf Ali Jafari @ Bushi, who is lodged in Thane Central Prison. The petitioner filed a writ of habeas corpus alleging that Kausar's arrest on 11th May 2025 was illegal on two grounds: (i) she was detained for more than 24 hours before being produced before the Magistrate, and (ii) the reasons for arrest were not furnished to her or her family. The facts reveal that on 18th January 2025, an FIR was registered at Rabodi Police Station under Sections 309(6), 3(5), and 351(3) of the Bharatiya Nyaya Sanhita, 2023. On 9th May 2025, Kausar's brother Wasim was arrested in connection with the same FIR. The petitioner claimed that Kausar was arrested at 6 a.m. on 9th May 2025 from Guntakal, Andhra Pradesh, and brought to Kalyan at 7:30 p.m. on 11th May 2025, and produced before the Magistrate on 12th May 2025. However, the court noted inconsistencies in the petition: on one page it was stated that she was arrested on 11th May 2025 at 15:21 hours and produced on 12th May 2025. The court examined the records and found that the arrest memo showed the arrest at 15:21 hours on 11th May 2025, and the accused was produced before the Magistrate on 12th May 2025, which is within 24 hours. The court also noted that the arrest memo mentioned the FIR number and sections, and the accused was aware of the allegations. The court held that there was no violation of Sections 47, 48, and 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the detention was lawful. The petition was dismissed.
Headnote
A) Criminal Procedure - Habeas Corpus - Illegal Arrest - Delay in Production - Section 58 of Bharatiya Nagarik Suraksha Sanhita, 2023 - The petitioner alleged that the arrest was illegal as the accused was produced before the Magistrate after almost three days. The court examined the records and found that the arrest was shown at 15:21 hours on 11th May 2025 and the accused was produced on 12th May 2025, which is within 24 hours. The court held that there was no violation of Section 58 BNSS as the production was within the prescribed period. (Paras 4-5) B) Criminal Procedure - Habeas Corpus - Grounds of Arrest - Section 47 of Bharatiya Nagarik Suraksha Sanhita, 2023 - The petitioner contended that the grounds of arrest were not communicated to the accused or her family. The court noted that the arrest memo dated 11th May 2025 mentioned the FIR number and sections, and the accused was aware of the allegations. The court held that there was substantial compliance with Section 47 BNSS and no violation of fundamental rights. (Paras 6-7) C) Criminal Procedure - Habeas Corpus - Writ of Habeas Corpus - Maintainability - The court observed that the accused is in judicial custody pursuant to a remand order by the learned Magistrate, and the detention is not illegal. The writ of habeas corpus is not maintainable when the detention is lawful. The petition was dismissed. (Para 8)
Issue of Consideration
Whether the arrest of Kausar was illegal on the grounds that she was detained for more than 24 hours before being produced before the Magistrate and that the reasons for arrest were not furnished to her or her family.
Final Decision
The petition is dismissed. Rule is discharged.
Law Points
- Habeas Corpus
- Illegal Arrest
- Delay in Production
- Grounds of Arrest
- Section 58 BNSS
- Section 47 BNSS
- Section 48 BNSS
- Fundamental Rights
- Article 21
- Article 22
