Court terms arrest of 75-year-old Salar Jung ‘kin’ illegal, orders immediate release

Chhatrapati Sambhajinagar: The court of judicial magistrate first class A S Bhasarkar on Saturday termed the arrest of 75-year-old Mir Mehmood Ali Basharat Ali Khan, who claims to be a descendant of Salar Jung, illegal and ordered his immediate release. The court observed that the police action was unwarranted as the accused had been cooperating with the investigation.The judicial magistrate first class (JMFC) court also granted liberty to the investigating officer to interrogate the accused in accordance with the law.The development came in a case registered on March 28 at the Jawaharnagar police station, based on a complaint lodged by advocate Mujahid Iqbal Khan, in which Mir Mehmood Ali Khan and Jawed Rasul Shaikh, the driver of Shiv Sena MP Sandipan Bhumare, were booked under BNS sections 316(2), 318(3), 351(2) and 3(5) for alleged cheating, criminal breach of trust and criminal intimidation. The complaint centred on a nine-acre land parcel at Bagesherjung in Dawoodpura, which has a ready reckoner value of Rs 241 crore and an estimated market value of up to Rs 550 crore.According to the complainant, the dispute revolves around the land, wherein Khan allegedly entered into agreements between 2015 and 2016 promising land in exchange for legal services and financial assistance, received around Rs 90 lakh to Rs 1 crore over the years, executed multiple documents including a Hiba-nama and power of attorney, but later fraudulently transferred the same land to Shaikh, who allegedly threatened the complainant when confronted.Hearing the matter in connection with the case, the court rejected the police custody remand sought by the economic offences wing (EOW) and described the action as a "surprise arrest" without justifiable grounds. The accused was represented by advocate Nilesh Ghanekar.In its detailed order, the JMFC noted that the case diary clearly indicated that Khan had responded to notices issued by the investigating officer and had cooperated with the probe. "When the accused is available for interrogation and is complying with the investigation, arrest should be an exception and not a rule," the court observed, referring to section 35(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).The court further held that the remand papers failed to disclose specific reasons necessitating the arrest. It emphasised that the prosecution could not demonstrate any likelihood of the accused absconding, tampering with evidence or influencing witnesses. The grounds cited for seeking police custody were termed "vague and general".Citing the Supreme Court ruling in the Satender Kumar Antil vs CBI case, the JMFC stated that arrest could not be used as a routine tool of investigation and that personal liberty could not be curtailed in a mechanical manner. "A surprise arrest, despite cooperation, is contrary to settled legal principles," the court noted.The investigating officer, inspector Sambhaji Pawar of the EOW, had sought 14 days of police custody, claiming that custodial interrogation was necessary for recovery of documents, verification and confrontation with other material. However, the court found no compelling grounds to justify such custody.Accordingly, the JMFC rejected the remand plea, declared the arrest illegal and directed that Khan be released forthwith. The court, however, directed the accused to continue cooperating with the investigation and appear before the investigating officer whenever called upon with due notice.