New Delhi: Supreme Court It has been decided that the investigation agencies have duty-bounds to inform the accused to inform the basis of arrest, while taking them into custody and failure to comply with it will be illegally presented in arrest. It said that the need to inform the basis of arrest is “not a formality but a compulsory constitutional requirement”.
A bench of Justices Abhay S Oka and NK Singh canceled a arrest by the Gurgaon police, stating that the accused was not informed on the basis of his arrest. Although the court refrained from passing an order on the manner of communication of the basis of arrest, it said that it would be better if it was informed in writing because the burden was informed on the police to prove that the arrest was informed. Was gone
The court should leave the accused Right to freedom Violation: SC
Justice Singh said in a separate order that Justice Singh said that the need to communicate on the basis of arrest in writing is not only for the arrested person, but also the revelation of friends, relatives or such a person by the arrested person Can be nominated. The court said that Article 22 (1) of the Constitution to be informed about the basis of arrest flow and any violation of this fundamental right would reduce the process of arrest and remand. It said that a police officer cannot arrest a person “carelessly” in a cognitive crime, and this can only be done when reliable information was received.
The bench said, “Thus, the need to inform the person arrested on the basis of arrest is not a formality but a mandatory constitutional need. Article 22 Part III of the Constitution is included under the title of Fundamental rightThus, it is the fundamental right of every person arrested and kept in custody so that it can be informed on the basis of arrest as soon as possible.
“If the basis of arrest is not informed as soon as possible after the arrest, it will be a fund for violation of the fundamental right of guaranteed arrests under Article 22 (1). The reason for this is that, as provided in Article 21, no person can be deprived of his freedom according to the procedure established by the law. “
This further said, “The process established by the law also includes what has been provided in Article 22 (1). Therefore, when a person is arrested without a warrant, and the basis of arrest was given to him as soon as possible It is not informed. Arrest, it will also be the amount for a violation of the guarantee of its fundamental right under Article 21. “
The court said that the basis of arrest should be informed in a language that is considered arrest and it is assumed that it is the duty of the courts to find out whether Article 22 (1) and other compulsory security measures compliance with the accused but, has been done.
“When a violation of Article 22 (1) is established, it is the duty of the court to order the release of the accused. It will also be a basis for granting bail even on bail, even if the legal ban on bail grant The restrictions do not affect the power of the court to bail when a violation of Articles 21 and 22 of the Constitution is present.
