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The arrest of Shivam Mishra, the 26-year old son of the highly sought-after Kanpur tobacco businessman, K.K. Mishra, in a high-profile case that has drawn numerous debates regarding privilege and justice in Uttar Pradesh, occurred four days following the alleged incident on the VIP Road, where the son, Shivam, is alleged to have caused the crashing of his ₹10-crore Lamborghini Revuelto into vehicles and pedestrians around the State. Six individuals were injured in the accident, one of them being in a motorcycle, another one was in an autorickshaw, and other individuals were injured in the high speed accident that climaxed when the luxury car hit a pole.

The crash had been investigated by police in connection with the claim that Shivam was driving the car, even though there were claims of an alleged dummy driver and viral video footage of bouncers associated with the family present at the scene. Kanpur police on Thursday morning arrest him after days of scrutiny and outcry of the masses. He was taken to court before the Additional Chief Judicial Magistrate, at about 10 am, where the authorities demanded 14 days of judicial detention to be investigated.

In a turn of events though, the court allowed him to take bail hours later, within 4 to 6 hours after he was arrested. Shivam was bonded out on 20,000 personal bond, with the judge citing procedural flaws committed by police such as not applying due legal procedures and Supreme Court directives (as was done in the Arnesh Kumar case) prior to the arrest. It is noteworthy to mention that Shivam allegedly defended himself in court, and even the judge inquired about the investigation process and the already served notices.

Some quarters of the population and the media have criticized the decision which they point to as being in contrast with a four day delay until arresting a serious road accident that results in injuries and then a quick bail (on a nominal bond). The fact that Shivam was driving the vehicle carelessly is supported by evidence and the investigation is ongoing on the accusations of possible rash driving, causing hurt and even more serious crime under Motor Vehicles Act and IPC.

The case has brought back the debate on the influence that backgrounds have on the outcome of the law in India. Although the Mishra family did not comment on the situation, the event highlights that there was a lack of transparency relating to road safety, responsibility amongst the wealthy, and fair administration of the law.

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