Bombay High Court Orders Forthwith Release Of Anchor Group Director Arrested 'Illegally'

Observing that his arrest was 'completely illegal' the Bombay High Court last week ordered the 'forthwith' release of Anchor Group director Hemang Shah, who was arrested by the Economic Offences Wing (EOW) of Mumbai Police last month, for allegedly duping his elder brother of nearly Rs 9 crore. 

A vacation court division bench of Justices Gauri Godse and Somasehkhar Sundaresan noted that the petitioner Shah (50) was taken into custody by the Immigration Officers and was produced before the Magistrate after 30 hours of his 'arrest.'

"We are of the view that there is breach of requirements under section 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the detention of the petitioner in custody without producing him before the nearest Magistrate within stipulated time of 24 hours is completely illegal and it infringes the fundamental rights under Article 22(2) of the Constitution of India. Therefore, the petitioner's arrest gets vitiated on completing 24 hours in custody from 1730 hours on 17th May 2025. Since there is a violation of Article 22 (2) of the Constitution of India, the petitioner's fundamental right to liberty guaranteed under Article 21 has also been violated," the judges said in the order passed on May 30.

The bench noted that owing to a Look Out Circular (LOC) issued against Shah, he was intercepted by the Immigration Authorities and was detained on May 17 at around 5:30 PM. The EOW sleuths then reached the Immigration Office in Delhi at the midnight and took over the custody of the accused and brought him in Mumbai and produced him before the concerned Magistrate on May 18 at around 10:45 PM, which is more than 24 hours. 

"In our view, the act of the Immigration Officers to accost the petitioner or detain him on May 17, 2025 at 5:30 PM is the act of arrest and therefore the period of 24 hours as contemplated under Section 58 of BNSS and Article 22(2) of the Constitution of India shall begin on May 17, 2025 at 5:30 PM. The petitioner is produced before the Magistrate on May 18 2025 at 10:45 PM, which exceeds 24 hours from the arrest. Hence, there is a violation of the petitioner's right guaranteed under Article 21 of the Constitution of India for non- compliance with Section 58 of the BNSS and Article 22(2) of the Constitution of India," the judges held. 

The bench further noted that the Malabar Hill Police Station in Mumbai, lodged the instant FIR on May 14 on 'oral complaint' of the brother of the petitioner. It further noted that the family dispute with regard to the financial transactions undertaken between 2020 and 2025, were being resolved through a mediator. 

"The conduct of the officers is also referred to only to examine the legal position and the effect on the petitioner's right of liberty. We, therefore, refrain from expressing any comments on the unholy haste shown by the police officers as well as EOW officers in registering the FIR post midnight at 2.14 AM on May 14, 2025 and also issuing the request for LOC on the same day. Considering the nature of the dispute and the allegations made against the petitioner, we did not find any such tearing hurry to initiate action to take the petitioner into custody with such zeal and enthusiasm," the bench opined. 

Therefore, the judges declared the arrest 'illegal' and ordered Shah's forthwith release. 

Appearance:

Senior Advocate Ravi Prakash along with Advocates Munaf Virjee, Aditya Dewan, Vikram Sutaria, Debopriyo Moulik, Zain Shroff, Sagar Shetty and Hrituraj Singh Rajput instructed by AMK Law appeared for the Petitioner 

Senior Advocate Amit Desai along with Advocates Nikhil Kamble and Archishmati Chandramore represented the Complainant.

Additional Public Prosecutor SV Gavand represented the State.

Case Title: Hemang Jadavji Shah vs State of Maharashtra (Writ Petition 2989 of 2025)

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