Sonakshi Sinha case takes shocking turn as accused walks free

Rose Fatima
3 Min Read

Summary

  • Aryan’s lawyers challenge arrest procedure During the hearing, Aryan’s legal team, comprising Aman Shahi, Prashant Trivedi and Aditya Jain, argued that the police had not followed the proper legal process during his arrest.
  • Court highlights legal safeguards under BNSS The magistrate also examined whether the police had complied with the arrest requirements under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • The court emphasised that the need for further investigation alone could not justify someone’s arrest without complying with mandatory legal safeguards.
AI Generated Summary

Sonakshi Sinha’s complaint about inappropriate edited pictures circulating online has taken an unexpected turn after a Mumbai court ordered the release of the man arrested in connection with the case.

The 39-year-old actress had approached the police after allegedly discovering digitally altered and inappropriate photographs of herself being shared online. Following her complaint, Bandra Police registered a case and arrested a Delhi-based man identified as Aryan Deepak Jain.

However, the arrest soon became controversial after a magistrate rejected the police’s request for three days of custody, citing serious procedural lapses. The court questioned whether officers had followed the necessary legal requirements before bringing the accused from Delhi to Mumbai.

Police arrested Aryan on Saturday, November 14, at approximately 10:11 AM from the Jagatpuri Police Station area in Shahdara, Delhi. He was subsequently taken to Mumbai, where Bandra Police sought permission to keep him in custody for further questioning.

Investigators wanted to recover the electronic device allegedly used to create and circulate the manipulated photographs. However, the magistrate raised concerns over the decision to transport the accused directly to Mumbai without first presenting him before the nearest magistrate in Delhi.

The court observed that the police had failed to provide a satisfactory explanation for not following the required procedure.

Aryan’s lawyers challenge arrest procedure

During the hearing, Aryan’s legal team, comprising Aman Shahi, Prashant Trivedi and Aditya Jain, argued that the police had not followed the proper legal process during his arrest.

The lawyers claimed that their client had neither received the mandatory notice nor been informed about the specific reasons for his arrest. They also questioned the urgency of the police action and suggested that Sonakshi’s influential position might have contributed to the speed of the investigation.

The defence further maintained that the allegations against Aryan were not legally justified and challenged the grounds on which he had been taken into custody.

Court highlights legal safeguards under BNSS

The magistrate also examined whether the police had complied with the arrest requirements under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Since the alleged offences carry a maximum punishment of seven years in prison, the investigating officer was required to document the reasons explaining why the arrest was necessary under Section 35(1)(b).

The court emphasised that the need for further investigation alone could not justify someone’s arrest without complying with mandatory legal safeguards.

“The mere requirement of further investigation cannot, by itself, justify arrest and detention without following the statutory safeguards,” the court observed.

Following these concerns, the magistrate rejected the police’s request for three days of custody and ordered Aryan’s release.

Despite his release, the investigation into Sonakshi’s complaint remains ongoing as police continue looking into the alleged circulation of manipulated photographs.

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