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CDR case: SC to hear appeal against HC order granting bail to lawyer


Press Trust of India New Delhi
The Supreme Court today agreed to hear next week the Maharashtra government's appeal challenging the Bombay High Court order granting bail to a lawyer, accused of illegally possessing call detail records (CDRs) of actor Nawazuddin Siddiqui's wife.
A bench comprising Chief Justice Dipak Misra and Justice A M Khanwilkar considered the submission of Maharashtra counsel Nishant Katneshwar that the appeal be heard on an urgent basis.
The apex court will hear the matter on April 6.
The Bombay High Court had on March 21 directed the Thane Police to release from their custody advocate Rizwan Siddiqui, who was arrested on March 16 for allegedly having ordered the illegal procurement of the CDR of actor Nawazuddin Siddiqui's wife.
The high court had held that in arresting Rizwan Siddiqui, the Thane Police had acted in a "high-handed" manner and had failed to follow "due process of law".
The HC had also directed the senior-most officials of the Thane Police and the state Home department to inquire into the actions of the Thane Police and if deemed fit, initiate appropriate punitive proceedings against the officials concerned.
Rizwan Siddiqui's wife, Tasneem, had challenged the manner of his arrest and filed a habeas corpus petition in the high court.
In the plea, she claimed that her husband Rizwan Siddiqui had received a witness summon from the Thane Crime Branch Unit one on February 14.
However, around 10 pm on March 16, 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 to give him time to make an appearance before the police, the plea read.
It alleged that the Thane police kept him in wrongful and illegal custody.
The state, however, told the high court that the Thane Crime Branch had attempted to serve the 41(A) notice on Rizwan Siddiqui.
But because he refused to accept it, he was arrested, the prosecution said.
Section 41 (A) of the Criminal Procedure Code (CrPC) sets guidelines for a prosecuting agency to arrest a person without warrant.
However, the court noted that while the notice was issued on March 15, asking Rizwan Siddiqui appear before it on March 17 at 11 am, he was arrested before he could visit the police.

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First Published: Mar 28 2018 | 3:35 PM IST

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