Mumbai: Maharashtra Navnirman Sena (MNS) leader Ganesh Chukkal has received significant relief from the court in a high-profile property fraud and forgery case linked to Bollywood actor Akshay Kumar's sister, Alka Bhatia Hiranandani. A Mumbai Magistrate court ordered Chukkal's immediate release, observing that the investigating agency had seriously violated legal procedures and illegally detained the accused. This decision serves as a crucial commentary on the functioning of investigative agencies, emphasizing the importance of upholding citizens' fundamental rights and adhering to legal protocols.
What Was The Case All About?
The case pertains to a residential flat in Hiranandani Estates, Powai, Mumbai. An FIR (First Information Report) was registered for fraud and forgery concerning this property, involving the company Melronia Hospitality Private Limited. The directors of this company include Bollywood actor Akshay Kumar's sister, Alka Bhatia Hiranandani, along with Kamal Niranjan Hiranandani and Shridhar Narayan. Given the gravity of the case, Powai Police had arrested MNS leader Ganesh Chukkal and his associate Sameer Sawant. The disputed property is reportedly worth crores of rupees, and an alleged attempt was made to seize it using forged documents.
From Arrest to Release: A Timeline of Lapses
MNS leader Ganesh Chukkal was arrested on October 2, 2023. Following his arrest, he was initially remanded to police custody until October 5. Subsequently, the accused was presented again before the 66th Magistrate Court in Andheri, which extended his police custody until October 9.
Meanwhile, on October 5, a petition filed by the complainant was heard in the Bombay High Court. During this hearing, the prosecution informed the High Court that the investigation of the case had been transferred from Powai Police Station to Unit-10 of the Mumbai Crime Branch DCB CID.
Subsequently, on October 6, at 4:42 PM, the Crime Branch took Ganesh Chukkal into its custody. However, this marked the beginning of serious legal procedural violations. The Crime Branch failed to produce the accused before any competent court for the next three days. Under Sections 47 and 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), it is mandatory to present any person arrested before a magistrate within 24 hours to ensure the legality of their custody and prevent illegal detention.
On October 7, the Crime Branch sent a letter to the 66th Andheri court, stating that the accused would be produced before the Esplanade court on October 9. Finally, on October 9, Ganesh Chukkal was presented before the 37th Esplanade court.
Arguments in Court and the Verdict
Ganesh Chukkal's legal team, comprising advocates Rajendra Shirodkar, Archit Sakhalkar, Laxman Shahpur, and Nihar Ghag, presented strong arguments in court. They contended that when an investigative agency takes over a case, it is legally imperative to produce the accused before a competent court and seek permission for further custody. The lawyers emphasized that the prescribed legal procedure was not followed in this case, rendering Chukkal's custody by the Crime Branch illegal. Citing several rulings of higher courts, they demanded Chukkal's immediate release.
During the hearing, the investigating agency sought time from the court to file its reply. Subsequently, on Monday, the investigating officer filed an affidavit. However, the court found no substantial grounds in the affidavit to dismiss the arguments of the accused's lawyers or justify the Crime Branch's lapse.
The 37th Esplanade court, in its judgment, explicitly stated that the accused should have been produced before the concerned court within 24 hours of arrest. The court found that the provisions of Sections 47 and 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were blatantly violated after the arrest. Based on these serious legal errors, the court ordered Ganesh Chukkal's release on a personal recognizance bond (PR Bond) of one lakh rupees. This decision sends a stern message to investigative agencies that they must strictly adhere to legal procedures, and no citizen can be held in illegal detention.
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