A Mumbai magistrate has ordered the release of a Delhi-based man arrested in connection with the circulation of doctored images of actor Sonakshi Sinha. The court declared the arrest illegal, citing procedural lapses by the Bandra police during the apprehension of the accused, identified as Aryan Deepak Jain.
According to reports from both The Times of India and Hindustan Times, the case was registered at the Bandra police station on Friday following a complaint by the actor regarding the circulation of morphed, objectionable photographs on social media. Police took Jain into custody at approximately 10:11 am on Saturday from the Jagatpuri Police Station area in Delhi’s Shahdara. He was subsequently flown to Mumbai to be presented before a magistrate.
During the court appearance, the Bandra police requested three days of custody, arguing that they needed to recover the electronic devices used to create and distribute the images. However, the magistrate rejected the request, noting that the police had failed to produce the accused before the nearest magistrate in Delhi before transferring him out of that jurisdiction.
The court observed that the record did not demonstrate satisfactory compliance with mandatory legal requirements. The magistrate specifically pointed to Section 35(1)(b) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which requires investigators to record specific reasons demonstrating the necessity of an arrest. The court stated that the mere requirement for further investigation does not justify bypassing statutory safeguards.
The defence team, comprising lawyers Aman Shahi, Prashant Trivedi, and Aditya Jain, had strongly objected to the custody request. They argued that the police failed to serve a formal notice or inform the accused of the grounds for his arrest. They further contended that the authorities acted with unusual haste and failed to adhere to mandatory legal protections.
Key facts
- The accused, Aryan Deepak Jain, was arrested in Delhi at 10:11 am on Saturday.
- The case involves alleged circulation of morphed nude images of actor Sonakshi Sinha.
- Bandra police sought three days of police custody to trace electronic devices.
- The court ruled the arrest illegal for failing to follow the procedure of production before the nearest local magistrate.
- The magistrate cited a lack of compliance with Section 35(1)(b) of the BNSS.
Why it matters
The court’s decision highlights the judiciary's insistence on strict adherence to procedural protocols during inter-state arrests. By refusing the police's custody request, the magistrate underscored that the necessity for investigation does not supersede the statutory safeguards designed to protect individuals from arbitrary detention.
Source: Times of India, Hindustan Times
Comments