Mohammad Shariful Islam, the man accused of stabbing the actor, argues police violated due process at the time of arrest
In a new development in the Saif Ali Khan knife attack case, the accused has claimed his arrest was illegal. Mohammad Shariful Islam, a 30-year-old Bangladeshi national, is currently lodged in Mumbai’s Arthur Road Jail following the January 2025 attack.
Now, Shariful alleges that police failed to inform him of his rights at the time of arrest—an obligation under Indian law. His lawyer, Ajay Gawli, filed a fresh application before the Bandra court on May 9, seeking a declaration that the arrest was unlawful. This came after Shariful withdrew an earlier bail plea.
Citing Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), Shariful claims that police “clearly and blatantly disregarded” legal requirements, such as providing reasons for the arrest and informing him of his right to bail. He also stated there was no written documentation showing the police fulfilled these duties.
The court has now directed the Mumbai Police to file a response and has scheduled the next hearing for May 13.
What happens if the arrest is ruled illegal?
If the court finds a violation of Section 47(1) of the BNSS, Shariful’s arrest and subsequent detention could be declared “invalid.” A precedent was set by the Andhra Pradesh High Court in March, which ruled that strict adherence to this section is mandatory. Failure to comply renders the arrest and custody unlawful.
Background: The January 16 attack
The incident occurred late at night on January 16, when Shariful allegedly broke into Saif Ali Khan’s home armed with two knives. He was reportedly found near Saif’s youngest son Jeh’s bed. A confrontation followed, during which Saif was stabbed.
The actor’s househelp, Geeta, intervened and pulled Saif away. The attacker fled the scene using a bathroom drainpipe. Following the attack, Kareena Kapoor Khan took Jeh to her sister Karisma Kapoor’s home, while Saif, despite being seriously injured, was taken to Lilavati Hospital in an auto-rickshaw by his older son Taimur and another househelp, Hari.
Though he suffered a near-fatal injury close to his spine, Saif managed to walk into the hospital. Doctors later said that a slight shift in the knife’s position could have caused paralysis. The actor underwent a six-hour surgery and later remarked he was “surprised to be alive.”
