The Supreme Court on Thursday agreed to examine a plea filed by the Karnataka Police challenging a High Court order that invalidated the custody remand of an accused in a murder case for not being informed of the grounds of his arrest.
A bench comprising Justices K.V. Viswanathan and N. Kotiswar Singh observed that the issue merited consideration and issued notice to the accused. The bench also tagged the case with a pending matter in which the apex court had earlier reserved judgment on a similar legal question regarding the disclosure of arrest grounds.
“The matter requires consideration. Issue notice on the special leave petition and on the application for stay,” the court said, scheduling the matter for further hearing on July 18.
The case concerns a man arrested on February 17, 2023, in connection with a murder in Karnataka’s Hassan district. The Karnataka High Court, in its order dated April 17, 2024, quashed the trial court’s remand order and directed the man’s release, stating that he was not provided any meaningful particulars or written communication outlining the grounds of his arrest.
Senior advocate Sidharth Luthra, appearing for the Karnataka Police, expressed concern over the potential ramifications of the High Court ruling. He noted that numerous similar matters are pending before the High Court, and the impugned order could serve as a precedent.
To this, the bench remarked, “You show this order to the High Court. We are waiting for this (judgment), they should also wait.”
The Supreme Court is already seized of a broader legal issue—whether it is mandatory in every criminal case, including those under the erstwhile Indian Penal Code (IPC), to inform an accused of the grounds of arrest either prior to or immediately after the arrest. The bench had reserved its verdict on that issue on April 22.
The court will also decide whether arrests made in exceptional circumstances—where providing grounds immediately may not be feasible—would be rendered illegal for non-compliance with Section 50 of the Criminal Procedure Code (CrPC), which mandates that a person arrested must be informed of the reasons for arrest and their right to bail.
