Team Goemkarponn
Panaji: The Bombay High Court at Goa has dismissed a petition filed by Mohammad Shahzad Shaikh, the third accused in a gang rape case, challenging the legality of his arrest.
Shaikh argued that his constitutional rights under Article 22(1), which require that an arrested person be informed of the reasons for their arrest, had been violated.
The court, however, found no merit in his claim, noting that he had not raised this issue during his remand proceedings or in his bail application, and there was no evidence of any prejudice caused by the alleged non-communication of arrest grounds.
The case involves the alleged gang rape of a 25-year-old mentally unsound woman in January 2025.
According to a complaint lodged by the victim’s mother, one of the accused lured the woman to a guesthouse in Cansaulim, where she was assaulted by five men.
The police registered a case and arrested the accused, including Shaikh, on January 24, 2025. A charge sheet filed on March 22, 2025, cited offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023, as well as the Rights of Persons with Disabilities Act.
The High Court underscored the importance of balancing the constitutional rights of the accused with the state’s duty to carry out a fair investigation.
Concluding that Shaikh’s arrest did not violate his fundamental rights, the court dismissed the writ petition.
