The record
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- The Supreme Court of India ruled that agencies must provide written grounds of arrest to suspects in a language they understand.
- This requirement applies to all cases, including those involving grave offences or special statutes like UAPA and PMLA.
- Arrests made without fulfilling this constitutional mandate under Article 22 are deemed illegal.
- Re-arresting individuals after a court declares an initial arrest illegal now requires both senior police authorization and judicial approval.
- These measures aim to protect the fundamental right to personal liberty under the Constitution.
Who said what2
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Ujjal Bhuyan
Supreme Court
1 quote · 1 outlet
“We need to remind ourselves that Constitution or a constitutional provision cannot be interpreted in a vacuum. Interpretation of Constitution cannot also be left to imponderables in the form of ifs and buts.”
In the article
…that if a person's arrest is declared illegal for non-compliance with Article 22, then he or she cannot be re-arrested in the same case without approval from a senior police officer and nod from the court concerned." We need to remind ourselves that Constitution or a constitutional provision cannot be interpreted in a vacuum. Interpretation of Constitution cannot also be left to imponderables in the form of ifs and buts. Constitution is based on certain basic principles, much above the statutory threshold. Therefore, violation of Constitution or a constitutional provision cannot be countenanced. It has to be dealt with strictly. It is…
Atul S Chandurkar
Supreme Court
1 quote · 1 outlet
“The requirement of informing the arrested person the grounds of arrest in the light of and under Article 22(1) is not a mere formality but a mandatory binding constitutional safeguard.”
In the article
…by Constitution and laws." The bench said that when a person is arrested, his right to liberty under Article 21 is curtailed and it is necessary that the person must understand on what grounds he has been arrested." The requirement of informing the arrested person the grounds of arrest in the light of and under Article 22(1) is not a mere formality but a mandatory binding constitutional safeguard. Thus, if a person is not informed of the grounds of his arrest as soon as may be, it would amount to violation of his fundamental rights thereby curtailing his right to life and personal liberty under Article 21 of…
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Named India · Atul S. Chandurkar · Constitution of India · Supreme Court · Ujjal Bhuyan
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