The Supreme Court allowed the Maharashtra Police to go ahead with its investigation
against a lawyer who was illegally possessing call detail records (CDRs) of actor Nawazuddin
Siddiqui's wife and criticised the Bombay HC for granting bail to the accused.
A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud
set aside the Bombay High Court verdict and said how could the HC entertain habeas corpus petition
filed by his wife when the accused was in police custody in connection with a criminal case.
“Suffice it to observe that since no writ of habeas corpus could be issued in the present case, the HC
should have been loath to enter upon the merits of the arrest in absence of any challenge to the judicial
order passed by the magistrate granting police custody till March 23, 2018,” the bench said.
The HC had directed the Thane Police to release Rizwan, who was arrested on March 16 for allegedly
having ordered illegal procurement of the CDR of actor Nawazuddin Siddiqui's wife and made scathing
observations against the police officials concerned.
The apex court said there was no need for the HC to pass remarks against police officials who were
carrying out their duty as per the law
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