Court Declares Arrest of Salar Jung Descendant Illegal in High-Value Land Fraud Case
In a significant legal development, the court of judicial magistrate first class A S Bhasarkar in Chhatrapati Sambhajinagar has declared the arrest of 75-year-old Mir Mehmood Ali Basharat Ali Khan, who claims descent from the historic Salar Jung family, as illegal and ordered his immediate release. The ruling, delivered on Saturday, underscores the judiciary's commitment to protecting personal liberty and curbing unwarranted police actions.
Background of the Case and Allegations
The case originated from a complaint filed by advocate Mujahid Iqbal Khan on March 28 at the Jawaharnagar police station. The complaint implicated Mir Mehmood Ali Khan and Jawed Rasul Shaikh, the driver of Shiv Sena MP Sandipan Bhumare, under sections 316(2), 318(3), 351(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS) for alleged cheating, criminal breach of trust, and criminal intimidation.
The dispute revolves around a nine-acre land parcel located at Bagesherjung in Dawoodpura, with a ready reckoner value of Rs 241 crore and an estimated market value soaring up to Rs 550 crore. According to the complainant, Khan entered into agreements between 2015 and 2016, promising land in exchange for legal services and financial assistance. Over the years, he allegedly received around Rs 90 lakh to Rs 1 crore, executed multiple documents including a Hiba-nama and power of attorney, but later fraudulently transferred the same land to Shaikh, who allegedly threatened the complainant when confronted.
Court's Observations and Legal Grounds
During the hearing, the court rejected the police custody remand sought by the economic offences wing (EOW) and described the arrest as a "surprise arrest" without justifiable grounds. Represented by advocate Nilesh Ghanekar, Khan's case highlighted his cooperation with the investigation.
In its detailed order, the JMFC noted that the case diary clearly indicated Khan had responded to notices issued by investigating officer inspector Sambhaji Pawar of the EOW and had fully cooperated with the probe. The court emphasized, "When the accused is available for interrogation and is complying with the investigation, arrest should be an exception and not a rule," referencing section 35(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The court further held that the remand papers failed to disclose specific reasons necessitating the arrest, terming the grounds cited as "vague and general." It stressed that the prosecution could not demonstrate any likelihood of Khan absconding, tampering with evidence, or influencing witnesses.
Supreme Court Precedent and Final Ruling
Citing the Supreme Court ruling in the Satender Kumar Antil vs CBI case, the JMFC stated that arrest cannot be used as a routine tool of investigation and that personal liberty must not be curtailed mechanically. "A surprise arrest, despite cooperation, is contrary to settled legal principles," the court noted, reinforcing the importance of judicial oversight in law enforcement actions.
Inspector Pawar had sought 14 days of police custody, claiming custodial interrogation was necessary for document recovery, verification, and confrontation with other material. However, the court found no compelling grounds to justify such custody, leading to the rejection of the remand plea.
Accordingly, the JMFC declared the arrest illegal and directed Khan's immediate release. The court, however, granted liberty to the investigating officer to interrogate the accused in accordance with the law and directed Khan to continue cooperating with the investigation, appearing before the officer whenever called upon with due notice.
This ruling serves as a reminder of the legal safeguards against arbitrary arrests and highlights the judiciary's role in ensuring justice and fairness in high-stakes cases involving significant financial and property disputes.
