In the wake of Islamic preacher Mufti Salman Azhari’s arrest over an alleged hate speech case, his defence lawyers on Monday raised concerns about the Ghatkopar Police’s handling of the situation, alleging a violation of Supreme Court guidelines.
He claimed that the police violated Supreme Court guidelines by failing to conduct a medical examination before presenting Azhari in court.
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Ratnakar Daware, Mufti Salman Azhari’s defence lawyer, while speaking to ANI, stated, “It is Supreme Court’s guidelines that if any accused is presented in the court, he needs to undergo 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 added.
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Mufti Salman Azhari was arrested by the Gujarat Anti-Terrorism Squad (ATS). After a Mumbai court granted him a two-day remand on Sunday, he was brought to the investigative agency’s office in Ahmedabad. Simultaneously, the Mumbai Police registered a case against a mob that gathered outside Ghatkopar Police Station, demanding Azhari’s release. Charges under various sections of the Indian Penal Code (IPC) were filed against three individuals in connection with the incident, including assault, causing hurt, endangering life, and wrongful restraint.
Kaif Mujawar, co-defence lawyer of Azhari, accused the Ghatkopar Police of misusing Section 353 and treating peaceful protesters unfairly. He emphasised the necessity of a mandatory medical examination as per Supreme Court guidelines and criticised the police for bypassing this procedure.
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The events unfolded after a Gujarat police team arrived in Mumbai to detain Mufti Salman Azhari in connection with the hate speech investigation. The alleged inflammatory speech, circulated on social media, was delivered at an open-ground event near the B division police station in Junagadh, Gujarat.
Following the video’s widespread circulation, an FIR was lodged against Azhari and local organizers Mohammad Yousuf Malek and Azim Habib Odedara under sections 153B and 505(2) of the Indian Penal Code, relating to promoting enmity between different religious groups and making statements conducive to public mischief.
While Malek and Habib were detained on Saturday, Azhari was located in Mumbai and subsequently arrested.
