Mihir Shah, the prime accused in the notorious BMW hit-and-run case, has approached the Bombay High Court, alleging illegal detention and seeking immediate release through a habeas corpus petition. Shah, arrested on July 9, just two days after the tragic incident in Mumbai’s Worli area, is accused of fatally hitting Kaveri Nakhwa (45) and severely injuring her husband, Pradeep.
In his petition, filed last week, Shah argues that his detention lacks legal basis and calls for the quashing of the orders that initially remanded him to police custody and subsequently to judicial custody. The plea highlights that his continued detention is in direct violation of his constitutional rights and non-compliance with Section 50 of the Code of Criminal Procedure, which mandates that an arrested person be informed of the grounds of their arrest.
A division bench of Justices Bharati Dangre and Manjusha Deshpande is expected to hear Shah’s plea on Wednesday.
The case has garnered significant attention due to the brutal nature of the incident. Shah allegedly sped off towards the Bandra-Worli Sea Link after the collision, with Kaveri Nakhwa reportedly remaining on the bonnet of his BMW before getting entangled in the wheels and dragged for over 1.5 kilometers. Shah, who was reportedly under the influence of alcohol at the time, fled the scene following the accident.
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In addition to Mihir Shah, his father, Rajesh Shah, a former leader of the Ekanth Shinde-led Shiv Sena, and their driver, Rajrishi Bidawat, were also arrested in connection with the case. While Rajesh Shah has been granted bail, Mihir Shah and Bidawat remain in judicial custody.
