The Supreme Court on Friday reinforced the critical obligation of the State and its investigating agencies to inform individuals of the grounds for their arrest, underscoring the protection of fundamental rights under the Constitution. The bench, comprising Justices Abhay S Oka and N Kotiswar Singh, held that not informing detainees of the reasons for their arrest constitutes a violation of their constitutional rights and could render the arrest illegal.
During the proceedings, the court highlighted the essential requirements set forth in Article 22(1) of the Constitution, which mandates that an arrested individual must be informed promptly of the reasons for arrest to safeguard their right to liberty under Article 21. The justices pointed out that failure to provide this information not only vitiates the arrest but also necessitates the immediate release of the detained individual.
The bench stressed the need for effective communication of the arrest grounds, insisting that it be done in a language that the detainee understands. “The information on grounds of arrest must be conveyed in a manner that effectively imparts sufficient knowledge of the basic facts to the arrested person,” the court declared, emphasizing that the mode of communication must fulfill the objective of this constitutional safeguard.
The Supreme Court also highlighted the role of the judiciary in upholding fundamental rights, stating that statutory restrictions under stringent laws like the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA) do not diminish the courts’ power to grant bail if violations of Articles 21 and 22 are proven.
Justice Singh, in a separate opinion, further expanded on the legal obligations, referring to Section 50A of the Code of Criminal Procedure (CrPC). This section requires that the person making the arrest must notify the friends or relatives of the arrested individual, which facilitates swift actions to secure their release.
The ruling came while hearing an appeal by Vihaan Kumar, accused of cheating and fraud, who argued that he was not informed of the arrest grounds. His initial plea was dismissed by the Punjab & Haryana High Court, but the Supreme Court overturned this decision, citing a violation of his fundamental rights, and ordered his immediate release.
In its judgment, the Supreme Court also criticized the inhumane treatment Kumar received while in custody, noting his handcuffing and chaining during hospitalization. The court stated, “The right to live with dignity is a part of the rights guaranteed under Article 21.” It instructed the state of Haryana to issue guidelines preventing unlawful handcuffing and to ensure strict adherence to constitutional protections under Article 22.
