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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANUP JAIRAM BHAMBHANI
Thokchom Shyamjai Singh – Appellant
Versus
Union Of India Through Home Secretary – Respondent
JUDGMENT :
ANUP JAIRAM BHAMBHANI, J.
1.Does the constitutional mandate of serving grounds of arrest in writing to an arrestee under the Unlawful Activities (Prevention) Act, 1967 (" UAPA ‟) come into effect from the date of the Supreme Court verdict in Pankaj Bansal vs. Union of India & Ors., (2024) 7 SCC 576 or in Prabir Purkayastha vs. State (NCT of Delhi), (2024) 8 SCC 254 ? That is the question that presents itself for decision in the present matter.
PETITIONERS’ CHALLENGE
2. By way of the present petition filed under Article 226 read with Article 227 of the Constitution, the petitioners, who are ordinarily residents of the State of Manipur, seek to challenge their arrest by the respondent No.2/National Investigation Agency ("NIA‟) on 13.03.2024 in case FIR No. RC-23/2023/NIA/DLI dated 19.07.2023 registered under sections 120-B/121-A/122 of the Indian Penal Code, 1860 ("IPC‟) and sections 18/18-B/39 of the UAPA at P.S.: NIA, New Delhi.
3. The petitioners also challenge remand order dated 14.03.2024 whereby the petitioners were initially remanded to NIA custody; and the subsequent orders passed by the learned Special Court in the subject FIR, extending their custody from time-to-tim
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.
(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....
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 ....
Absence of written grounds of arrest does not mandate bail absent prejudice; substantial compliance via awareness suffices in serious offences, especially pre-'henceforth' rulings.
The court established that under the UAPA, knowledge of a person's terrorist activities is crucial for liability under Section 19, and the restrictions on bail under Section 43D(5) apply when there a....
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.
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 grounds for arrest must be communicated in writing as required by Section 43B of UAPA to uphold constitutional rights, rejecting mere oral information.
The court ruled that while informing the grounds of arrest is mandatory, recent Supreme Court interpretations regarding PMLA and UAPA do not apply to general offenses under IPC or KCOCA.
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