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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Devashis Baruah
Sri Neizosetuo Kire S/o Sh. Neibatuo Kirer – Appellant
Versus
State Of Nagaland – Respondent
Based on the provided legal document, communication of the grounds of arrest is indeed mandatory (!) . The court emphasizes that the grounds of arrest must be formulated and communicated to the accused to comply with constitutional and legal requirements. Verbal communication alone is not sufficient unless it is supported by contemporaneous records that reflect the formulation and communication of those grounds (!) (!) .
The court further clarifies that the "grounds of arrest" are personal to the accused and must be conveyed in a manner that provides the accused with an opportunity to defend himself against the charges or seek bail. Merely stating the reasons for arrest, such as preventing further crimes, does not fulfill the legal requirement of informing the actual grounds on which the arrest is based (!) (!) .
Therefore, the communication of the grounds of arrest is not only a legal requirement but also essential for safeguarding constitutional rights, and it must be properly documented and conveyed to the accused.
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. S. Borgohain, the learned counsel appearing on behalf of the petitioner and Mr. E. Thiba Phom, the learned Pubic Prosecutor, Nagaland as well as Mr. A. Sophie, the learned counsel who represents the complainant.
2. Both the proceedings relate to the legality and validity of the arrest of the petitioner, and as such, they are taken up together for disposal by this common order.
3. The materials on record reveals that on 19.05.2024, an FIR was filed by one Thejavizo B. Misalhou before the Officer-In- Charge of the North Police Station, Kohima alleging inter-alia that an untoward incident happened on 18.05.2024 at Phoolbari Bus Stand/Taxi Stand opposite to Oking Hospital at around 4.40 PM. It was also alleged that the incident involved the petitioner and one Khrietsonyu Whuorie of Kohima Village which led to the hospitalization of the father of the complainant at ICU, Oking Hospital, and subsequently, he succumbed to his injuries on 19.05.2024 at around 3.25 AM. It was also alleged that the complainant was also assaulted by the said two persons.
4. On the basis of the FIR filed, a case was registered being North P.S. Case No.0045/2024 unde
The failure to communicate the grounds of arrest as required by law renders the arrest illegal, violating constitutional rights.
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