The defence lawyers of Indrani Mukherjea’s former husband Sanjeev Khanna, accused in the Sheena Bora murder case, told a magistrate' s court on Tuesday that the Mumbai police kept him in “illegal detention” in violation of law.
“We have made an application of illegal detention as he [was taken to Kolkata] in violation of section 167 B of the Code of Criminal Procedure,” Sanjeev’s lawyer Shreyansh Mithare told the court.
The clause mandates that no magistrate shall authorise detention in any custody under the section unless the accused is produced before him.
Sanjeev was produced before the magistrate’s court on Tuesday and remanded to judicial custody till September 21. The previous day the court sent Indrani and her driver Shyamvar Rai to judicial custody for the same period.
The application for illegal detention was moved on Monday after the Mumbai police did not produced Sanjeev in court as per his remand date. The court will hear the application on Thursday.
Sanjeev was supposed to be produced before the court in Mumbai on Monday. However, the police told the magistrate that he was taken to Kolkata in connection with some new crucial evidence. They instead produced him before a court in Kolkata.
“Before taking him to Kolkata, the police ought to have taken prior permission of the court,” Mr. Mithare told The Hindu.
Meanwhile, in a remand application filed on Tuesday, the police said they have recovered Sheena’s earrings and three pairs of shoes of Sanjeev from Kolkata.