Legal eagles call Suraj Pancholi's arrest hasty

MUMBAI: Legal experts have called the arrest of Suraj Pancholi on the charge of abetting actor Jiah Khan's suicide "hasty action".
Criminal lawyer Majeed Memon said that acting upon a belatedly discovered letter of the deceased and rushing to arrest a young man may ultimately be considered a rash act. "Unless they have adequate material to connect him with the offence, this appears to be a case of arrest in violation of law laid down by the apex court.This is a significant matter related to personal liberty."
In 2008, a sessions court acquitted actor Navin Nischol and his brother Pravin of abetment charges in his wife Geetanjali's 2006 suicide case. She had left a note holding Navin responsible. The acquittal came after defence lawyers said Geetanjali had taken the step while suffering from depression.
"For abetment to be proved, immediate provocation is required. The police should have waited for more evidence and seen exactly what the last straw was. This case may not hold ground," said a public prosecutor.
Lawyer and activist Y P Singh said the case may not sustain because under section 113 A of the Indian Evidence Act, the enlarged definition of abetment is applicable only on married women committing suicide within seven years of marriage. "Since Jiah Khan was not married, mere annoyance with the conduct of her partner can never fit into the general definition of abetment of suicide. At the most the case may sustain on hype and not legal technicalities."
Referring to the contents of Jiah's letter, he said words should be reinforced by facts.