Kerala High Court Upholds Constitutional Safeguards, Grants Bail for Violation of Article 22(2)

The Court sets aside remand order, granting bail to Muhammed Nashif U due to illegal detention and arrest procedures.

The Kerala High Court, in a landmark decision, has reaffirmed the sanctity of constitutional safeguards by granting bail to Muhammed Nashif U, who was involved in a narcotic case, after finding that his arrest violated Article 22(2) of the Constitution of India. The judgment, passed by Justice C.S. Dias, emphasizes the necessity of producing an arrested individual before a magistrate within 24 hours, a fundamental right that was overlooked in this case.

Muhammed Nashif U, the petitioner, was arrested on July 20, 2025, by the Kozhinjampara Police Station for allegedly possessing 338.16 grams of MDMA. However, he was produced before the magistrate only on July 21, 2025, exceeding the 24-hour mandate. This delay was a direct violation of Article 22(2), rendering the arrest illegal.

The petitioner's counsel, Sri. Sadik Ismail, argued that the Sessions Judge should have granted bail upon acknowledging the violation. Instead, the judge merely ordered the petitioner's release, allowing the police to rearrest him unjustly. This led to further legal proceedings, culminating in this High Court ruling.

Justice Dias, referencing the Supreme Court's decision in Directorate of Enforcement v. Subhash Sharma, reinforced that any arrest not adhering to the 24-hour rule stands vitiated. He asserted that courts must uphold fundamental rights, as articulated in Articles 21 and 22, by granting bail when such violations occur.

The judgment also scrutinized the role of the police and the judiciary in maintaining constitutional rights. It criticized the previous remand order and emphasized the court's duty to protect personal liberty and judicial integrity.

In conclusion, the Kerala High Court, invoking Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, set aside the remand order and granted bail to the petitioner with specific conditions. This decision underscores the judiciary's role in safeguarding individual rights against procedural lapses and police excesses.

Bottom Line:

Violation of Article 22(2) of the Constitution of India, ensuring the production of an arrested person before the Magistrate within 24 hours, renders the arrest illegal and vitiated. Courts must uphold fundamental rights under Articles 21 and 22 of the Constitution by granting bail in cases of such violations.

Statutory provision(s): Article 21, Article 22(2) of the Constitution of India, Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Muhammed Nashif U v. State of Kerala, (Kerala) : Law Finder Doc Id # 2812469