Arrest illegal if grounds not informed; Bail must be granted if Article 22(1) is violated: SC
New Delhi: The Supreme Court ruled that failure to inform an arrested individual of the grounds for their arrest violates Article 22(1) of the Constitution, making the arrest illegal. The Court held that when such a violation is proven, bail must be granted, even if statutory restrictions exist.
A bench of Justices Abhay S Oka and N Kotiswar Singh delivered separate but concurring judgments. Justice Oka emphasised that the right to be informed of arrest grounds is “a fundamental safeguard ensuring protection against arbitrary detention” and must be conveyed “in a language the accused understands, in a manner that provides sufficient knowledge of the basic facts constituting the grounds for arrest.” He further stated, “Non-compliance with Article 22(1) is not a mere procedural lapse; it directly infringes upon the fundamental rights of the accused and vitiates the arrest itself.”
The Court also placed responsibility on judicial magistrates, holding that “when an arrested person is produced before a magistrate for remand, it is the magistrate’s duty to ascertain whether Article 22(1) and other constitutional safeguards have been followed. If a violation is found, the court must immediately order the accused’s release.”
Justice N Kotiswar Singh expanded on this by highlighting the importance of s. 50 of the Code of Criminal Procedure (CrPC), which mandates that an arrested person’s relatives or nominated individuals must be informed about the arrest and place of detention. He stated, “Failure to comply with Section 50 does not merely amount to procedural non-compliance; it renders the detention illegal. The provision exists to ensure access to legal recourse and prevent the disappearance of detainees.”
The ruling came in an appeal filed by Vihaan Kumar against the Punjab & Haryana High Court’s decision rejecting his writ petition alleging illegal arrest. Kumar, accused of fraud by Games Kraft Technologies' CEO, claimed he was not informed of the grounds of arrest. The High Court dismissed his plea, accepting the State’s version that there was no violation of the 24-hour rule.
The Supreme Court, however, found that the “State’s failure to clearly communicate the grounds of arrest” invalidated the detention. It ruled that since the arrest did not comply with constitutional requirements, “continued detention would be an infringement of personal liberty, necessitating immediate release.”
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Three accused arrested in stabbing of Naushad of Kannur, Faizal of Ullal
Mangaluru: Three individuals were arrested on Saturday in connection with the stabbing of Naushad from Adyar, Kannur, and Faizal from Ullal, both of whom were attacked in separate incidents on the city’s outskirts on Friday morning.
The arrested have been identified as Lohitashwa (32), a resident of Mudipu near Konaje, Puneeth (28) from Veeranagar and Ganesh Prasad (23) of Kuthar.
According to police, the trio assaulted Naushad in Adyar, Kannur, and later stabbed Faizal in the Thokkottu area before fleeing the scene.
While both victims were rushed to the hospital, Naushad is said to be in critical condition and is currently undergoing treatment in the intensive care unit. Faizal's condition is reported to be stable.
