The Supreme Court of India has reaffirmed that merely informing the relatives of an arrestee does not satisfy the requirement of informing the arrestee of the grounds of arrest under Article 22(1) of the Indian Constitution. This decision prevents arbitrary arrests and upholds individual rights.
Understanding Article 22(1) of the Indian Constitution
Article 22(1) mandates that an arrested person must be informed of the grounds of arrest and has the right to legal representation. This provision ensures procedural fairness and protects against unlawful detention.
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Observations by the Supreme Court
In Vihaan Kumar v. The State of Haryana & Anr (SLP(Crl) No. 13320/2024), the Supreme Court clarified:
- The arrestee themselves must be informed of the reasons for their detention.
- These documents record the fact of arrest but do not communicate the reasons to the detainee.
- The Court rejected after-the-fact justifications without proper documentation.
Constitutional Principles
This ruling state:
- Protection Against Arbitrary Arrests by requiring clear communication of reasons.
- Due Process and Fair Trial Rights to enable legal representation.
- Judicial Scrutiny of Arrest Procedures to prevent misuse of power.
Implications of the Judgment
This judgment ensures that all arrestees are explicitly informed of the reasons for their arrest, reinforcing transparency and accountability in law enforcement. It upholds fundamental rights and sets a strong precedent for protecting individual liberties under the Constitution.
