The Bombay High Court has rejected a habeas corpus petition submitted by the mother of an accused woman, questioning the legality of the arrest of her daughter in a case of chain-snatching. The court ruled that the arrest was made in accordance with the law and that no infringement of the accused's fundamental rights had been proved.
The Petition:
Petitioner, mother of accused Ms. Kausar Yusuf Ali Jafari alias Bushi, submitted that her daughter had been illegally detained and arrested in respect of theft-related offenses filed under the Bhartiya Nyaya Sanhita, 2023 (BNS). It was argued that Kausar was arrested on 9 May 2025 in Guntakal, Andhra Pradesh, but was produced only before a magistrate in Thane on 12 May 2025. In the opinion of the petitioner, this amounted to unlawful detention beyond the limit of 24 hours. Additionally, it was claimed that Kausar and her family had not been provided with the reasons for arrest, as a breach of Sections 47, 48, and 58 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The State, represented by Additional Public Prosecutor Mr. Gavand, vehemently contested the same. He was supported by case diaries and an affidavit deposited by the investigating officer of the Crime Branch, Unit 3, Kalyan. The State produced that Kausar was not arrested at Guntakal, as was imputed. Rather, she had been interrogated there in connection with a different FIR and issued a notice under Section 179 BNSS, ordering her presence before investigators in Kalyan.
The prosecution's contention was that the real arrest occurred on 11 May 2025 when Kausar was found near Vadavali village within Kalyan area based on revelations by her brother, who was in custody for a connected offence. She was brought to the Crime Branch office by a police party with a woman constable and was formally arrested at 3:21 p.m. on the same day. Notably, the State asserted that she had produced her before the judicial magistrate at 1:05 p.m. on 12 May 2025 — within the 24-hour stipulated time.
Court's Findings:
While going through the case diaries and affidavits, the High Court concluded that the version of the petitioner was inconsistent and without substance. The court mentioned that Kausar's presence at Guntakal was admitted, but made it clear that she had not been arrested there; she had merely been served notice and ordered to report for inquiry. This set of happenings was supported by the station diary of Kolsewadi Police Station.
The judges decided that her arrest on 11 May 2025 was valid and according to procedure. The arrest memo, signed by Kausar, also verified that she had been told why she was being arrested. Files also showed that members of her family were apprised about the grounds for arrest and even opposed her remand. Moreover, the magistrate had specifically noted satisfaction that the requisites of Sections 47 and 48 of the BNSS were fulfilled.
Conclusion:
Having found no illegality or procedural slip, the Bombay High Court rejected the habeas corpus petition. It held that the arrest of Kausar was in conformity with requirements of statute and there was no reason to believe that her rights were being violated. The petition was, therefore, held to be bereft of merit and it was dismissed, and the rule was discharged without costs.
Section 47, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023
Section 48, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023
Section 58, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023
Section 179, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
