Court affirms legality of second arrest as fresh arrest and highlights constitutional safeguards under Article 22(1).
In a significant decision, the Allahabad High Court dismissed a petition challenging the formal arrest and subsequent remand orders of Moti Ram Jaat, an accused in a criminal case. The petition, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contended that the formal arrest of the petitioner, who was already in custody for an earlier case, violated his fundamental rights under Article 22(1) of the Constitution of India.
The bench, presided over by Justice Manish Mathur, evaluated whether a formal arrest of an accused already in custody in another case amounts to a fresh arrest. The court concluded that such an arrest is indeed a fresh arrest, requiring compliance with constitutional and statutory safeguards, including the communication of grounds of arrest to the accused and their relatives or nominated persons.
The court examined past Supreme Court judgments and observed that the provisions of Article 22(1) and Section 48(2) BNSS are mandatory during a second arrest while an accused is already in custody. Non-compliance with these provisions violates the accused's fundamental rights and renders the arrest and subsequent remand orders invalid.
However, the petition was ultimately dismissed as the stage of Section 167 of the Criminal Procedure Code (Cr.P.C.), which governs initial detention and remand, had long passed. The court noted that charges had been framed, and the trial was underway, thus nullifying the challenge against the initial arrest and remand order.
In addressing the applicability of previous judgments, the court clarified that the decision in Neeraj v. State of U.P., which dealt with habeas corpus petitions post-remand, was not applicable in this case. The court emphasized that once cognizance is taken, and the accused is supplied with necessary documents, the initial violation of Article 22(1) cannot be raised at a later stage of the trial.
The decision underscores the importance of adhering to constitutional mandates during arrests but also delineates the boundaries of such challenges once the trial progresses past the initial stages of remand.
Bottom Line :
Criminal Procedure - Formal arrest of an accused already in custody in another case amounts to a fresh arrest - Compliance with Article 22(1) of Constitution and Section 48(2) BNSS is mandatory at the stage of such fresh arrest - However, challenge to initial illegality of arrest/remand on that ground cannot be entertained after the Section 167 Cr.P.C. stage is over and after cognizance, supply of papers and commencement of trial.
Statutory provision(s): Article 22(1) of the Constitution of India, Sections 48, 167, 204, 207, 209, 267, 309 of the Cr.P.C., Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Moti Ram Jaat @ Moti Ram Jaat Fauji v. State of U.P., (Allahabad) : Law Finder Doc id # 2989839
