Mumbai: The cabinet minister of Union Narayan Rane, 69, was arrested on Tuesday from Ratnagiri, all of them will approach the Bombay High Court with the dismissal petition on various First Information Reports (FIRS) that enrolled in all states and relieved to protect it from further arrests or coercion steps.
His lawyer Aniket Nikam tried to apply for urgent hearing on Tuesday, just before Rane’s arrest.
But for technical reasons it cannot be submitted, he said.
There was no hearing before the High Court on Tuesday because the petition was not submitted.
The High Court said the petition must be submitted first.
On Wednesday, we will approach the High Court for urgent hearing, said Advocate Rajendra Shirodkar, who also appeared to Rane in front of the Majad Magistrate Court.
Before the High Court he will challenge the validity of the arrest and process.
Nikam said the arrest was “illegal ‘as a mandatory procedure that requires previous notifications under Section 41A from the criminal procedure code (CRPC) does not fulfill.
This section requires a notification to be published to someone for his appearance at the police station to provide an explanation before arrest and arrest Can be made only after quoting and recording reasons.
Also, said Nikam, the alleged actions associated with Rane did not require the interrogation of the custodian.
Not immediately clear for the Rane’s legal team whether the intimacy of his arrest on the grounds was sent to Rajya Sabha Chairperson as required, given the ranking of the minister’s cabinet .
“There seems to be no basic or need for such an arrest,” said Advocate Hitesh Jain, Vice President, BJP Mumbai Pradesh.
The Supreme Court has a 2014 landmark assessment violation What attracted up to seven years and threw tasks on the judge not to send people if the arrest was illegal.
A sequence of SC bench was recently led by CJI N V Ramana also said remembering the Covid-19 pandemic, the arrest must follow the part of the mandate.
“It’s very fighting for what violations that can be recognized against it, ” said Advocate Satish Maneshinde who has emerged for Rane in the past in his case,” Where is the violation? He answered the question asked to him and it was a hypothetical situation he was talking about about the alleged Faux Pas by the minister’s chairman.
Whether it amounted to violations of communal disharmony under Section 153 B or even violations under Section 505 (2) IPC to promote bad suspicions.
The arrest was unreasonable and a series of fired files was something that had been suspended by the Supreme Court in the past in the case of the Arnab Goswami.
“Another lawyer, said so firmly registered, the law will take its own way.
Advocate Sudatta Patil said comments made by Rane triggered fir but whether it deserves to be captured is a different question.
He added that the police had registered the first findings that he revealed serious violations, multiplied and the law would take the way now.
The realm against Rane was registered at Mahad, the Cyber ​​Nashik and Pune police station, also one in Thane on Tuesday, according to the press conference he held on August 23.
FIR Ine was called part 500 of the Indian Criminal Code (IPC) defamation and section 505 (2) (promoting hostility or will between classes) and 153 (b) (1) (C) (statement to promote disharmony or bad intentions).
The maximum punishment is imprisoned for less than seven years.
Legal experts showed in section 196 of the criminal procedure code (CRPC) which said that there was no court that could acknowledge violations based on section 153 B except with previous sanctions about the central government or the state government.