Arresting Without Reason is Unlawful, Supreme Court Upholds Fundamental Rights

New Delhi (The Uttam Hindu): In an important decision on Friday, the Supreme Court clarified that informing any arrested person of the reasons for his arrest under Article 22 (1) of the Constitution is not a mere formality but a mandatory constitutional obligation. The court also said that non-compliance of this provision will make the arrest illegal.

A division bench of Justices A.S. Oka and N.K. Singh held an arrest made by the Haryana Police as illegal and violative of Article 22(1) and ordered the immediate release of the accused. The bench stressed that Article 22 has been included in the chapter on Fundamental Rights in Part 3 of the Constitution. Therefore, it is the fundamental right of every arrested and detained person to be informed of the grounds of his arrest as soon as possible. The court clarified that the grounds for arrest must be informed immediately after the arrest, and failure to do so would violate the fundamental right under Article 22(1).

In its judgment, the bench said, Article 22 is a part of the Fundamental Rights under Part III of the Constitution. Therefore, every arrested person has a fundamental right to be informed as soon as possible about the reasons for his arrest. Failure to do so would violate the fundamental right guaranteed under Article 22(1) and the arrest would be deemed to be illegal.

The court also clarified that the reasons for arrest should be informed not only to the arrested person, but also to his friends, relatives or other persons nominated by him. This is aimed at ensuring that they can challenge the arrest through the legal process and try to secure his release.

Referring to the case of Pankaj Bansal vs Union of India, the Supreme Court said that it had earlier also suggested that giving the reasons for arrest in writing is the most appropriate and ideal way. However, the court also said that there is no provision in the law which makes it mandatory to give the reasons for arrest in writing, but giving the information in writing can completely eliminate the possibility of any dispute in the future. Justice Oka remarked, “Even if it is not necessary to give the reasons for arrest in writing, doing so will end the dispute. The police should always strictly follow the requirements of Article 22.”

The Supreme Court also clarified that if an arrest is illegal due to non-compliance with Article 22(1), it is the duty of the magistrate to examine the legality of the arrest. Courts must protect fundamental rights, and if Article 22(1) is violated, the court will order the immediate release of the accused. The bench said that violation of Article 22(1) will be a ground for granting bail, even if there is a bar on granting bail under the law.