Mon Sep 23 17:12:12 UTC 2024: ## Mumbai Police Criticized for Improper Arrest Procedure in BMW Hit-and-Run Case

The Bombay High Court on Monday expressed strong disapproval of the Mumbai police’s handling of the arrest procedures in the July 2024 Worli BMW hit-and-run case. While acknowledging the brutal nature of the incident, the bench, comprising Justices Bharti Dangre and Manjusha Deshpande, highlighted the importance of following legal procedures and ensuring the rights of the accused.

The court was hearing petitions filed by Mihir Shah, the accused driver, and his driver Rajrishi Bidavat, challenging the legality of their arrests. Their lawyers argued that the police failed to provide them with written reasons for their arrests, as mandated by law.

The bench questioned the accused, emphasizing the victim’s rights and the gravity of the offense. They stated, “We want to strike a balance between the law and the brutality of the incident. The accused should be made aware of why they are being arrested. Should they not be informed of the allegations against them?”

The court also expressed concern over the police’s disregard for the legal procedure. Justice Dangre questioned the Chief Public Prosecutor, “What stops your officers from complying with the law? What does it take to convey the grounds of arrest to the accused? Where are we heading?”

The prosecutor argued that the accused had fled the scene and were aware of the reason for their arrest. He also claimed that the reasons were communicated orally and recorded in the station diary.

The court, however, remained unconvinced. It directed the police officer who arrested both accused to submit a sworn affidavit detailing the manner in which the reasons for arrest were conveyed and whether any witnesses were present during the process.

The incident involved the tragic death of Kaveri Nakhwa, who was dragged for several kilometers after being hit by Shah’s car. The victim’s husband, Pradeep Nakhwa, has also approached the court seeking the addition of murder charges against the accused.

The Bombay High Court’s criticism of the police’s actions serves as a reminder of the importance of upholding legal procedures, even in cases involving serious crimes. The court’s directive for the police to provide a detailed explanation of their actions will likely have a significant impact on the case going forward.

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