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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Nameirakpam Kiran Meitei, S/o- Nameirakpam Samu Meitei – Appellant
Versus
Central Bureau of Investigation, Represented by the Investigating Officer – Respondent
ORDER :
KAUSHIK GOSWAMI, J.
Heard Mr. J. Rahman, learned Counsel appearing for the petitioner. Also heard Ms. M. Kumari, learned Retainer Counsel, CBI for the sole respondent.
2. This application is filed under Section 483 BNSS 2023 seeking grant of regular bail to the accused/petitioner i.e. Nameirakpam Kiran Meitei, who was arrested on 24.07.2023 in connection with CBI FIR No. RC0562023S0012/CBI/SCB/Kolkata, re-registered and re- numbered by the CBI by taking over the case from Nongpok Sekmai Police Station being FIR No. 110(06)2023 NSK-PS, registered under section- 153A/398/427/436/448/302/354/364/326/376/34 of the IPC, read with section 25(1-C) of Arms Act, added section 376-D of the IPC and Section 3(1)d, 3(1)e, 3(1)g, 3(1)(w(i)), 3(1)z, 3(2)(iii), 3(2)(iv) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. The brief facts of the case are that pursuant to a notification No. 12/1(4)/2023-H(CBI) dated 26.07.2023 issued by the Government of Manipur u/s 6 of the Delhi Special Police Establishment Act, 1946 (hereinafter referred to as DSPE Act), and notification F. No. 228/47/2023-AVD- II dated 28.07.2023 issued by the Government of India
The failure to inform an arrested person of the grounds for their arrest violates fundamental rights under Articles 21 and 22(1) of the Constitution, rendering the arrest illegal and justifying bail.
Procedural lapses in communicating grounds of arrest do not automatically render custody illegal unless they cause demonstrable prejudice, emphasizing compliance with Articles 21 and 22(1) of the Con....
(1) Arrest – Constitutional Safeguards – A police officer cannot casually arrest a person against whom commission of an offence punishable with imprisonment for more than seven years is alleged – The....
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 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.
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.
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