The Bombay High Court has dismissed a plea by Mihir Shah, the primary accused in the Worli BMW hit-and-run case, seeking immediate release on grounds of alleged illegal arrest. The case, which sparked widespread outrage, revolves around the tragic death of Kaveri Nakhwa and injuries to her husband, Pradeep, after Shah’s car allegedly rammed their bike in Mumbai’s Worli area in July this year. The accused, son of politician Rajesh Shah, remains in judicial custody, along with his driver, Rajrishi Bindawat.
A division bench comprising Justice Bharati Dangre and Justice Manjusha Deshpande rejected habeas corpus petitions filed by Shah and Bindawat, which argued that their detention violated Section 50 of the Code of Criminal Procedure. The section mandates that the police inform the accused of the grounds for arrest. Shah and Bindawat claimed they were not adequately informed, rendering the arrests unlawful. However, the court observed that given the circumstances, including the accused being “caught red-handed,” the procedural requirements had been met. The public prosecutor further emphasized that both individuals were fully aware of the charges against them.
The incident occurred on July 7 when Shah’s BMW struck the Nakhwas’ bike, killing Ms. Nakhwa instantly. Her body was dragged for over 1.5 kilometers before the car stopped. Shah, reportedly under the influence of alcohol, fled the scene while Bindawat was arrested within hours. Shah was apprehended two days later in Virar, approximately 65 kilometers from Mumbai, following significant public outcry.
Mihir Shah’s father, Rajesh Shah, a former member of outgoing Chief Minister Eknath Shinde’s Shiv Sena faction, was expelled from the party days after the incident. The case has brought heightened attention to the misuse of power by influential individuals. At least 10 others, including Shah’s mother and two sisters, were also arrested in connection with the case.
Chief Minister Shinde condemned the rise in hit-and-run cases and assured the public that his administration would not tolerate abuse of power by the elite. In a statement on social media platform X, he declared, “No one, whether rich, influential, or the offspring of bureaucrats or ministers, affiliated with any party, will have immunity as long as I am the Chief Minister of the State. I have zero tolerance for injustice.”
The case continues to draw attention as a test of accountability and justice, highlighting the challenges of addressing privilege and power in the legal system.
