Court Orders Release on Bail, Emphasizing Compliance with Constitutional Safeguards and Fundamental Rights
In a landmark judgment, the Madhya Pradesh High Court at Gwalior declared the arrest of Anil Kumar Mishra illegal due to non-compliance with Article 22(1) of the Constitution of India and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Division Bench, consisting of Justices G. S. Ahluwalia and Ashish Shroti, underscored the constitutional requirement of informing an arrestee of the grounds of arrest in writing, a safeguard aimed at protecting personal liberty and ensuring fair legal proceedings.
The court was hearing the case of Anil Kumar Mishra, who was arrested without a written communication of the grounds of his arrest. The judgment pointed out that oral communication of the arrest reasons could only be a temporary measure, which must be followed by written communication within a reasonable time, specifically at least two hours before any remand proceedings. The failure to comply with these mandatory provisions rendered the arrest illegal.
The court highlighted the Supreme Court's mandate that such constitutional safeguards are not mere procedural formalities but vital rights that must be upheld to prepare the arrested person for defense. The High Court ordered Mishra's release on bail and emphasized that he must execute a bond under Sections 126 and 135 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and provide an undertaking not to act in a manner prejudicial to law and order.
The judgment also addressed the maintainability of a habeas corpus petition in cases where the arrest is deemed illegal due to procedural lapses. The court reiterated that such petitions remain valid even after a remand order if the initial arrest violates mandatory legal provisions.
In addition to ordering Mishra's release, the High Court directed the authorities to ensure compliance with the procedural requirements to avoid future violations of fundamental rights. The case reflects the judiciary's role in safeguarding individual liberties against unlawful state actions.
Bottom Line:
Arrest of an individual without written communication of grounds of arrest violates Article 22(1) of the Constitution of India and Section 47 of Bharatiya Nagarik Suraksha Sanhita, 2023, rendering the arrest illegal.
Statutory provision(s): Article 22(1) of the Constitution of India, Section 47 of Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 126 and 135 of Bharatiya Nagarik Suraksha Sanhita, 2023, Article 226 of the Constitution of India.
