Bombay High Court Declares Arrest Illegal, Orders Immediate Release of Chandrashekhar Bhimsen Naik

Court Criticizes Police for Non-Compliance with Legal Protocols; Emphasizes Magistrate's Role in Ensuring Liberty

In a significant ruling, the Bombay High Court has declared the arrest of Chandrashekhar Bhimsen Naik by the Cyber Police Station, West Region, as illegal, ordering his immediate release on bail. The decision underscores the necessity for law enforcement to adhere strictly to procedural safeguards mandated by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Constitution of India, particularly concerning individual liberty.

Justice Bharati Dangre and Justice Shyam C. Chandak presided over the case where the petitioner, Chandrashekhar Bhimsen Naik, challenged his arrest for alleged involvement in a cybercrime case involving deepfake videos. The Court found that the police failed to provide individualized and substantive reasons for Naik's arrest, which is crucial under Section 35(1)(b)(ii) of the BNSS. This section requires law enforcement to record specific reasons for an arrest, particularly when dealing with offenses punishable by up to seven years of imprisonment.

The judgment further criticized the mechanical approach adopted by both the police and the Magistrate. The Court highlighted that the Magistrate's role is not merely ceremonial but involves a critical evaluation of the reasons for arrest presented by the police. It emphasized that the Magistrate must ensure compliance with statutory and constitutional safeguards before authorizing detention, thereby protecting individual liberty.

Citing previous Supreme Court rulings, including the landmark case of Arnesh Kumar v. State of Bihar, the High Court reiterated that arrests should not be made without a justified necessity, and any deviation from this principle could result in the arrest being deemed unlawful. The Court's decision aligns with the broader judicial stance on safeguarding personal liberty against arbitrary state action.

The case stemmed from an FIR registered by the Cyber Police Station based on a complaint by Prakash Gopichand Gaba, a stock market expert who alleged that his deepfake videos were being used fraudulently on social media to entice investments. Although Naik was not initially named in the FIR, he was later arrested without prior summons or notice, leading to the current legal challenge.

The ruling serves as a strong reminder to law enforcement and judicial officers to uphold the principles of justice and liberty enshrined in the Constitution, ensuring that procedural safeguards are not bypassed in the zeal to apprehend suspects.

Bottom Line:

Arrest without compliance with procedural safeguards under BNSS, 2023 and Constitutional provisions is illegal. Arrest must be justified with individual-specific reasons, and the Magistrate must ensure adherence to statutory and constitutional mandates before authorizing detention.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 35(1)(b)(ii), Section 47, Section 48; Constitution of India Articles 21, 22; Information Technology Act, 2000 Sections 66C, 66D

Chandrashekhar Bhimsen Naik v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2818437