CDR racket: lawyer let off after HC order

HC rules that the police acted in a “high-handed” manner and failed to follow “due process of law”

March 22, 2018 12:44 am | Updated 08:57 am IST - Mumbai

Thane,21/03/2018:Rizwan Siddique, advocate of Actor Nawazzuddhin Siddique released on the orders of High court on Wednesday. He was arrested under CDR Case by Thane Crime Branch. Photo:Vibhav Birwatkar

Thane,21/03/2018:Rizwan Siddique, advocate of Actor Nawazzuddhin Siddique released on the orders of High court on Wednesday. He was arrested under CDR Case by Thane Crime Branch. Photo:Vibhav Birwatkar

Lawyer Rizwan Siddiqui was released from Thane police’s custody in the Call Detail Record racket on Wednesday after the Bombay High Court ruled that his arrest was a violation of the law.

A Division Bench of Justices S.C. Dharmadhikari and P.D. Naik held that in arresting Rizwan Siddiqui, the police had acted in a “high-handed” manner and failed to follow “due process of law”. The Bench directed the Thane police to release Mr. Siddiqui by 5 p.m. Acting on the directive of the High Court, Unit I of the Thane Crime Branch released him at 3 p.m. on Wednesday.

Habeas corpus petition

The Bench gave the direction while hearing a habeas corpus petition filed by Rizwan Siddiqui’s wife, Tasneem, challenging the manner of his arrest in the case.

 

Ms. Siddiqui alleged the police had kept her husband in wrongful and illegal custody. A habeas corpus plea was filed to ensure Mr. Sidiqui is brought before the court and determine whether his detention was legal.

Mr. Siddiqui was arrested on the night of March 16 for allegedly having ordered the illegal procurement of the Call Detail Record (CDR) of actor Nawazuddin Siddiqui’s wife, Aaliya. Mr. Siddiqui allegedly obtained the CDR from private detective Prashant Palekar, who has also been held in the case.

Apart from obtaining Aaliya’s CDRs, Mr. Siddiqui has also been accused of procuring the CDR of actor Sahil Khan from Ayesha, actor Jackie Shroff’s wife.

Following his release, interacting with the media outside the Crime Branch office, Mr. Siddiqui said, “The fact that the honourable High Court released me without me even applying for bail says a lot. I had full faith in the judiciary and my stand has been vindicated.”

When questioned about allegations of him obtaining the CDR, Mr. Siddiqui declined to speak anything about the case as it was a “client-related matter and hence confidential”. Mr. Siddiqui said, “There are two matters: one is related to my clients and the other to me. I will not speak on anything. I have been protecting the interest of my clients and I will do so in future too. I am here because of my clients.” Asked about Nawazuddin Siddiqui and his brother not appearing before the police in connection with the case, he said it was for the police to answer this.

Summons issued

Meanwhile, senior officers of Thane police refused to comment on the High Court order. The police, however, confirmed that a summons had been issued to Ms. Shroff asking her to appear for inquiries. The police had earlier arrested nearly a dozen people in the case, including woman private detective Rajni Pandit, who is now out on bail. The racket, which involved illegal procurement and sale of CDRs, was busted by Thane Crime Branch in January.

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