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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANUP JAIRAM BHAMBHANI
Vikas Chawla @ Vicky – Appellant
Versus
State Nct Of Delhi – Respondent
JUDGMENT :
ANUP JAIRAM BHAMBHANI, J.
1.In what is arguably the most celebrated dissent in the history of Indian jurisprudence, it was said :
“… … The history of personal liberty, we must bear in mind, is largely the history of insistence upon procedure. … …”
(H.R. Khanna, J. in ADM, Jabalpur vs. Shivakant Shukla, (1976) 2 SCC 521)
2. By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 ("Cr.P.C.") the petitioner seeks quashing of order dated 06.06.2024 passed by the learned Additional Sessions Judge, Patiala House Courts, New Delhi, whereby the learned Sessions Court has cancelled the regular bail granted to the petitioner by the learned Additional Chief Metropolitan Magistrate, Patiala House Courts, New Delhi vide order dated 28.03.2024 made in case FIR No. 200/2024 dated 13.03.2024 registered under sections 420/468/471 of the Indian Penal Code, 1860 at P.S.: I.G.I. Airport, New Delhi ("subject FIR").
3. Vide order dated 28.03.2024 the learned ACMM had “made absolute” the interim bail granted to the petitioner by order dated 21.03.2024 made by a predecessor learned Magistrate.
4. Notice on the present petition was issued on 07.06.2024; pursuant to
Procedural lapses in serving notice and grounds of arrest invalidate the arrest, emphasizing the necessity of compliance with legal mandates to protect personal liberty.
The court affirmed that grounds of arrest must be communicated in writing to the accused, ensuring compliance with constitutional rights and enabling effective legal defense.
The arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's ....
The court reaffirmed that informing an arrested person of the grounds for arrest is a constitutional requirement, and non-compliance invalidates the arrest and remand.
Cheating, criminal breach of trust and criminal conspiracy by public servant – Short delay in informing the person of reason for arrest is permissible.
The requirement to provide written grounds of arrest is mandatory under Article 22(1) of the Constitution, and failure to comply renders the arrest illegal.
The requirement to inform an arrested person of the grounds for arrest is a constitutional obligation that, if breached, may vitiate the legality of the arrest.
Arrest may be authorised only if concerned officer has ‘reason to believe’ and there is `satisfaction qua an arrest’ that person has committed an offence – There must be a direct nexus or live link b....
(1) Arrest – Any person arrested for allegation of commission of offences under provisions of UAPA or any other offences has a fundamental and a statutory right to be informed about grounds of arrest....
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