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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Pankaj Bhandari, Son of Badan Raj Bhandari – Appellant
Versus
State of Kerala, Represented By The Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. petitioner's arrest details and case status. (Para 1 , 8) |
| 2. arguments against legality of arrest. (Para 3 , 4 , 5) |
| 3. discussion of legal requirements for arrest. (Para 10 , 11 , 12) |
| 4. court's understanding of grounds vs. reasons for arrest. (Para 14 , 15) |
| 5. final judgment declaring arrest as legal. (Para 26 , 27) |
JUDGMENT :
This writ petition has been filed by Pankaj Bhandari, who is the 9th accused in Crime No.3701/2025 and 12th accused in Crime No.3700/2025, registered by Crime Branch, Kollam. The prayers are as under:
ii. This Hon'ble Court be pleased to quash and set aside the remand order dated 19.12.2025 in FIR No. 3700 of 2025 and FIR No. 3701 of 2025 registered by the Crime Branch, Kollam and all consequential and subsequent remand orders passed by the Hon'ble Enquiry Commission & Special Judge (Vigilance), Kollam, and declare the same as null and void having been rendered in breach of mandatory constitutional and statutory safeguards.
iv. This Hon'ble Court be pleased to direct the release of the Petitioner in FIR No. 3700 of 2025 and FIR No.3701 of 2025 registered by the Crime Branch.
2. Heard the learned senior counsel for the petitioner and the learned Add
The requirement to inform an arrested person of the grounds for arrest and to ensure access to legal representation is a mandatory constitutional safeguard under Articles 21 and 22.
(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....
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 inform an arrested person of the grounds for arrest is a constitutional obligation that, if breached, may vitiate the legality of the arrest.
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 the necessity of timely communication of grounds for arrest, highlighting defendant's rights under Article 22 of the Constitution.
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 failure to communicate the grounds of arrest in writing does not render detention illegal if substantial compliance with constitutional and statutory mandates is demonstrated.
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