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IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, J
Mian Abdul Qayoom S S/o Mian Abdul Rahim – Appellant
Versus
Union Territory Of J&k Through Principal Secretary To Govt – Respondent
JUDGMENT
1. A young budding lawyer, Syed Babar Qadri, was shot dead by unknown terrorists on 24.09.2020, leaving: his wife as destitute/widow; his two small kids as orphans; and his parents shattered for rest of their life.
2. Assassination led to registration of FIR No.62/2020 in police station Lal Bazar. Investigation was set into motion. Various persons were rounded up to know who were the culprits involved in killing of the advocate.
Petitioner’s case
3. In the instant writ petition, filed under Section 226 of the Constitution of India , following relief is being prayed for:
(a) Declare the arrest dated 25.06.2024 of the Petitioner by respondent No.2 in relation to FIR No.62 of 2020 dated 24.09.2020, P/S LaI Bazar, Srinagar under Sections 307 IPC (later converted into Section 302 IPC), Section 7/27 Arms Act and Sections 16 & 18 of the UAPA , 1967, as illegal being in complete violation of the constitutional mandates including failure to furnish the grounds of arrest as required under Article 22(l) of the Constitution of India read with Section 43B(1) of he Unlawful Activities (Prevention) Act, 1967 ;
(b) Declare and set aside the first remand order dated 26.06.2024 passed by learned
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 ....
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....
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 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 court affirmed that grounds of arrest must be communicated in writing to the accused, ensuring compliance with constitutional rights and enabling effective legal defense.
Cheating, criminal breach of trust and criminal conspiracy by public servant – Short delay in informing the person of reason for arrest is permissible.
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.
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.
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