Headline: Mihir Shah Claims Illegal Detention in BMW Hit-and-Run Case, Seeks Immediate Release

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In a controversial development, Mihir Shah, the primary accused in the infamous BMW hit-and-run case in Mumbai, has approached the Bombay High Court, asserting that his detention is illegal and seeking immediate release. Shah, 24, who was arrested on July 9, two days after the tragic incident, filed a habeas corpus petition last week, claiming that his fundamental rights have been violated due to his continued detention.

The incident, which occurred in the Worli area of Mumbai, involved Shah allegedly ramming his BMW into a two-wheeler, resulting in the death of 45-year-old Kaveri Nakhwa and injuring her husband, Pradeep Nakhwa. According to the police, Shah, under the influence of alcohol, sped off towards the Bandra-Worli Sea Link even as Kaveri remained on the bonnet of the car and eventually got entangled in the vehicle’s wheels, being dragged for over 1.5 kilometers.

In his petition, Shah argued that his arrest was made without following due process, particularly pointing out that the arrest grounds were not provided as mandated under Section 50 of the Criminal Procedure Code (CrPC). He also sought to have the remand orders passed by a local court quashed, claiming that any further detention would be in violation of the Constitutional mandate.

The Bombay High Court, with a division bench of Justices Bharati Dangre and Manjusha Deshpande, is expected to hear Shah's plea soon.

The case has drawn significant attention due to the involvement of Shah's father, Rajesh Shah, a former Shiv Sena leader close to Maharashtra Chief Minister Eknath Shinde. Rajesh Shah was granted bail, while Mihir Shah and their driver, Rajrishi Bidawat, remain in judicial custody. The police investigation also revealed that forensic reports showed no traces of alcohol in Mihir Shah’s blood at the time of his arrest, leading to further controversy over the handling of the case.

As the legal battle continues, the case highlights the complexities and legal challenges in high-profile hit-and-run incidents, raising questions about due process and the rights of the accused.