Скачать или смотреть Arrest का आधार बताये बिना किया अरेस्ट तो गिरफ़्तारी हो जाएगी ज़ीरो, सुप्रीम कोर्ट का फ़ैसला। SC |

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Noting that informing an arrested individual of the grounds for their arrest is a fundamental right under Article 22(1) of the Constitution, the Supreme Court stressed that this information must be conveyed clearly and effectively. The Court also emphasized the magistrate's duty to ensure compliance with Article 22(1) during remand, noting that any violation could warrant the person's release or justify the granting of bail, even in cases with statutory restrictions. “Even if statutory restrictions on grant of bail exist, the statutory restrictions do not affect the power of the court to grant bail when violation of Article 21 and 22 of the Constitution is established.”, the Court observed. A bench of Justices Abhay S Oka and N Kotiswar Singh delivered separate but concurring judgments discussing the mandatory nature of informing an arrested person of the grounds for their arrest, as guaranteed by Article 22(1) of the Indian Constitution. Some of the relevant observations made by Justice Oka are:
“The information on grounds of arrest must be provided to the arrested person in such a manner that sufficient knowledge of the basic facts constituting the grounds is imparted and communicated to the arrested person effectively in the language which he understands the mode and method of communication must be such that object of the constitutional safeguard is achieved."
“When arrested accused alleges non-compliance with the requirements of article 22(1) the burden will always be on investigating officer agency to prove compliance with requirement of 22(1.) Non-compliance with Article 22(1) will be a violation of the fundamental rights of the accused, guaranteed by the said article. Moreover, it will amount to a violation of the right to personal liberty guaranteed under Article 22(1) of the Constitution. Therefore, non-compliance with the requirements of Article 22(1) vitiates the arrest of the accused.”
“When an arrested person is produced before a judicial magistrate for remand, it is the duty of the magistrate to ascertain whether compliance with Article 22(1) and other mandatory safeguards has been made. When violation of Article 22(1) is established, it is the duty of the court to fortwith order release of the accused. That will be a ground to grant bail.”, the court observed.

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