Saif stabbing: Accused claims arrest was illegal, seeks release
What's the story
Mohammad Shariful Islam (30), who allegedly stabbed Bollywood actor Saif Ali Khan, has moved an application in a Mumbai court challenging the legality of his arrest and seeking release.
Islam, a Bangladeshi national currently lodged in the Arthur Road Jail, alleges he wasn't given all the necessary information when he was arrested.
His plea was filed through his lawyer, Ajay Gawli, to the Judicial Magistrate First Class (Bandra) on Friday.
Legal argument
Islam's plea cites violation of Bharatiya Nagarik Suraksha Sanhita
Islam's plea says that his arrest was illegal as the investigating agency "clearly and blatantly disregarded" section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
This provision mandates informing a person about the grounds of arrest and their right to bail.
Islam alleged that the police didn't provide him with all details of the offense he was charged with in writing, and no records were available to prove compliance with these mandatory provisions.
Judicial process
Court to review police response by May 13
The court has asked the police to respond to Islam's plea and adjourned the matter till May 13.
The development comes after Islam withdrew his bail plea filed in April before the sessions court in Mumbai.
The legal proceedings follow an incident on January 16 when Khan was stabbed in his Bandra apartment.
The 54-year-old actor underwent an emergency surgery and was subsequently discharged after five days.
He has now returned to work and was last seen in Jewel Thief.