Defence lawyers allege 'violation of SC guidelines' in arrest of Islamic preacher Mufti Salman Azhari

Feb 06, 2024

Mumbai (Maharashtra) [India], February 6 : Following the arrest of Islamic preacher Mufti Salman Azhari in connection with an alleged hate speech case, his defence lawyers on Monday alleged that the Ghatkopar Police 'violated Supreme Court guidelines by bringing Azhari to court without conducting any medical examination.'
Mufti Salman Azhari's defence lawyer, Ratnakar Daware told ANI, "It is Supreme Court's guidelines if any accused is presented in the court, he needs a medical examination first."
"Unfortunately, the Police presented him in the court without a medical examination and violated SC's guidelines. This arrest is illegal; hence, we will put things out against Ghatkopar Police Station, in front of the High Court tomorrow," he said.
Maulana Mufti Salman Azhari, arrested in an alleged hate speech case by the Gujarat Anti-Terrorism Squad (ATS), was brought to the investigative agency's office in Ahmedabad on Monday after a two-day remand was granted by a Mumbai Court on Sunday.
Meanwhile, the Mumbai Police registered on Monday a case against the mob that had gathered outside Ghatkopar Police Station late on Sunday night demanding the release of Azhari.
According to the police, the case has been registered under various sections of the Indian Penal Code (IPC), including 353 (assault or criminal force to deter a public servant from the discharge of his duty), 332 (voluntarily causing hurt to deter a public servant from his duty), 333 (voluntarily causing grievous hurt to deter a public servant from his duty), 341 (punishment for wrongful restraint), 336 (act endangering life or personal safety of others), and relevant sections of the Maharashtra Police Act.
"Three people have been arrested in this case so far," they said.
Kaif Mujawar, co-defence lawyer of Azhari, said that Ghatkopar Police is using Section 353 as a weapon. He claimed that the protests held on Sunday night were 'peaceful.'
"The Ghatkopar Police, which registered a case against those protesting the arrest of Islamic Preacher Azhari, were mere passers-by who were standing in a peaceful protest. The Police are misusing Section 353 (assault or criminal force to deter a public servant from the discharge of his duty), they are using it as a weapon," Mujawar said while speaking to ANI.

"The Supreme Court has set guidelines, in which a medical is mandatory. Look at the audacity of Ghatkopar Police station, that they directly brought the accused to the court, without doing the medical examination," he added.
Earlier on Sunday, a team of Gujarat police reached Mumbai and detained Mufti Salman Azhari in connection with an alleged hate speech case it is probing.
The alleged hate speech, which went viral on social media, was delivered at an event held on an open ground near the B division police station in Junagadh, Gujarat on the night of January 31.