Detailed Explanation and Updated Legal Analysis of the ‘Mumbai Hit-and-Run Case’ (as of November 25, 2024)

Incident Overview

On July 7, 2024, a luxury BMW car driven by 24-year-old Mihir Shah was involved in a hit-and-run incident near Atria Mall, Worli, Mumbai. The collision resulted in the death of 45-year-old Kaveri Nakhwa and left her husband, Pradeep Nakhwa, critically injured. Around 5:25 AM, the BMW rammed into the scooter from behind, dragging Kaveri for approximately 1.5 kilometers before dislodging her body. Mihir Shah fled the scene, abandoning the car and his driver, Rajrishi Bidawat.

Key Dates and Events

• July 7, 2024: Incident occurs near Atria Mall, Worli. Kaveri Nakhwa is killed, and Pradeep Nakhwa is critically injured.

• July 9, 2024: Mihir Shah is arrested in Virar after a 72-hour manhunt.

• July 10, 2024: Mihir Shah is presented in Sewri Court and remanded to police custody until July 16, 2024.

• November 25, 2024: The Bombay High Court dismisses petitions by Mihir Shah and Rajrishi Bidawat challenging the legality of their arrests.

Police Investigation and Court Proceedings

Initial Investigation

The Mumbai Police have termed the incident as a “cruel and heartless crime” in their statements to the court. They sought maximum custody of Mihir Shah to:

• Recover the car’s number plate, which was allegedly discarded by Mihir Shah.

• Verify Shah’s driving license status.

• Identify individuals who may have assisted Mihir in evading arrest.

The police confiscated the mobile phones of Mihir Shah and Rajrishi Bidawat to trace their communications. The defense argued against extended custody, but the court emphasized the gravity of the crime and the necessity of thorough investigation.

High Court Ruling on Arrest Challenge

On November 25, 2024, the Bombay High Court dismissed the petitions filed by Mihir Shah and Rajrishi Bidawat, which challenged the legality of their arrests under Section 47 of BNSS. The defense argued that the grounds of arrest were not provided in written format, making the arrest ‘illegal.’ However, the Division Bench of Justice Bharati Dangre and Justice Manjusha Deshpande observed:

• The accused were fully aware of the charges against them.

• The nature and severity of the crime required immediate action by the police.

• The fundamental rights of the victims also need to be considered alongside the procedural rights of the accused.

Victim and Accused Backgrounds

• Kaveri Nakhwa: A 45-year-old woman who tragically lost her life in the accident. Her husband, Pradeep Nakhwa, remains in critical condition.

• Mihir Shah: The 24-year-old son of Rajesh Shah, a close aide of Chief Minister Eknath Shinde. Shah allegedly consumed alcohol before the accident and fled the scene to evade arrest.

• Rajrishi Bidawat: The driver who accompanied Mihir Shah at the time of the incident.

Legal Charges and Analysis

Under Indian law, Mihir Shah faces multiple charges, including:

1. Rash and Negligent Driving: Section 281 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and causing death by negligence under Section 106 of BNS.

2. Drunk Driving: Section 185 of the Motor Vehicles Act, 1988, penalizes driving under the influence of alcohol.

3. Hit-and-Run: Section 134 of the Motor Vehicles Act, 1988, mandates that drivers involved in accidents stop and provide assistance to victims.

High Court Observations

The court questioned the necessity of providing grounds of arrest in cases where the accused were caught red-handed. It emphasized that the seriousness of the offense necessitated immediate police action. This ruling could serve as a test case for evaluating procedural requirements under the CrPC in high-profile criminal cases.

Comparison with Pune Porsche Accident

A parallel can be drawn with the Pune Porsche accident on May 19, 2024, involving 17-year-old Vedant Agarwal, who caused the deaths of two individuals while driving under the influence. Despite the severity of the crime, Agarwal was granted bail within 15 hours, raising public concerns about the ease of bail for influential individuals.

Issues and Concerns

1. Rising Hit-and-Run Cases: Hit-and-run incidents are on the rise in India, often involving influential individuals who receive leniency.

2. Drunk Driving and Recklessness: Alcohol consumption and reckless behavior pose significant threats to public safety.

3. Privilege and Accountability: Cases involving individuals from wealthy or politically connected families highlight the need for unbiased law enforcement.

Recommendations for Legal Adaptation

1. Stricter Penalties: Increase penalties for hit-and-run and drunk driving offenses to deter such behavior.

2. Mandatory Sentencing: Introduce mandatory minimum sentences for severe cases to ensure consistent enforcement.

3. Public Awareness Campaigns: Educate the public about the legal and social consequences of reckless driving and drunk driving.

4. Enhanced Monitoring: Use technology such as CCTV and automatic number plate recognition (ANPR) systems to monitor and deter violations.

5. Policy Review: Conduct a comprehensive review of existing traffic laws to address gaps and strengthen road safety measures.

Conclusion

The Mumbai hit-and-run case serves as a stark reminder of the consequences of reckless driving and the urgent need for stricter enforcement of traffic laws. The Bombay High Court’s dismissal of the petitions challenging the arrests underscores the gravity of the crime and the importance of balancing procedural safeguards with the rights of victims. By addressing systemic issues and implementing robust legal reforms, India can move towards a safer and more just society.