The Bombay High Court directed the state government to produce all records of the arrest of advocate Rizwan Siddiqui, accused of illegally possessing the Call Detail Records (CDR) of actor Nawazuddin Siddiqui’s wife.
Advocate Rizwan Siddiqui’s wife Tasneem has filed a habeas corpus petition in the high court challenging the manner of his arrest.
Rizwan Siddiqui was arrested by the Thane police last week for having ordered the illegal procurement of the CDR of actor Nawazuddin’s Siddiqui’s wife.
In the plea, Tasneem has claimed that Riwan Siddiqui had received a Witness Summon from the Thane Crime Branch Unit 1 on February 14.
However, on March 16, the Thane crime branch officials came to his office and, while recording the statement, arrested him without giving him any notice under Section 41(A) of the CrPC, the plea said.
The state, which is the prosecution in the case, however, told the high court that the Thane crime branch had attempted to serve a notice under section 41(A) of the CrPC.
Since he refused to accept the same, he was arrested, the prosecution said.
Section 41 (A) of the CrPC sets out guidelines for a prosecuting agency for arresting a person without warrant.
It mandates that if a complaint is received against someone, or if a cognisable offence is made out against that person and he must be arrested without a warrant, then the agency must serve such a person a notice under Section 41(A), asking him to appear before it at a given location and time.
Tasneem’s plea alleged that the Thane police had kept him in wrongful and illegal custody since his arrest.