Court Releases Man Accused of Sharing Morphed Images of Actress Sonakshi Sinha
A Mumbai court released a man accused of sharing morphed images of actress Sonakshi Sinha due to procedural errors in his arrest.
Mumbai, November 15 (Daily Kiran) : A Mumbai court has granted relief to a man arrested for allegedly sharing morphed and obscene images of actress Sonakshi Sinha on social media. The accused was taken into custody by police in Delhi and presented before the Bandra Court in Mumbai, where law enforcement sought a three-day custody extension. However, the court raised concerns about the legality of the arrest process and ordered his release.
The case was registered at the Bandra police station following a complaint from Sinha, who claimed that a man from Delhi had circulated morphed images of her that were deemed obscene. Police arrested Aryan Deepak Jain from Jagatpuri, Shahdara, in Delhi, before bringing him to Mumbai for court proceedings.
During the hearing, the court questioned the direct transfer of the accused from Delhi to Mumbai. It noted that proper legal procedure required him to be presented first before a local magistrate in Delhi. The investigating agency failed to provide a satisfactory explanation for bypassing this essential step.
The police sought a three-day custody of the accused, arguing that they needed to identify the medium and electronic devices used to create the alleged morphed images. They also aimed to investigate other aspects of the case and gather electronic evidence.
Defense attorneys Aman Shahi, Prashant Trivedi, and Aditya Jain contested the police’s request for custody. They argued that the accused had not received the necessary notice before his arrest and was not informed of the reasons for it. They claimed he was secretly flown from Delhi to Mumbai without following the required legal procedures.
The defense maintained that it was crucial to present the accused before a local magistrate in Delhi. They alleged that the police acted hastily due to the influence of the complainant. The accused denied the allegations against him, asserting that the charges invoked were not applicable based on the initial facts of the case.
While reviewing the arrest procedures, the court referenced Section 35(1)(b) of the Indian National Security Code (BNSC). It highlighted that the maximum punishment for the alleged offenses could be up to seven years, necessitating strict adherence to arrest protocols. This includes providing a clear rationale for the necessity of the arrest.
The court concluded that there was insufficient evidence that the investigating officer had adequately followed the required legal protocols for arrest. Merely stating that further investigation was needed did not justify the arrest or detention, especially when legal conditions were not met.
Taking these procedural flaws into account, the court deemed the arrest unlawful and ordered the accused’s release, instructing the police to follow proper legal processes in further actions.
