Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, V.SIVAGNANAM
Ahmed Mansoor S/o Shahul Hameed – Appellant
Versus
State represented by Assistant Commissioner of Police – Respondent
ORDER :
S.M. SUBRAMANIAM, J.
W.M.P.No.18741 of 2024 seeking to permit the petitioners to file a single writ petition stands allowed.
2. The present writ of declaration has been instituted to declare the arrest and the subsequent remand dated 23.05.2024 of the petitioners in connection with Crime No.173 of 2024 on the file of the first respondent as illegal, unconstitutional and violative of the legal proposition laid down by the Hon'ble Apex Court in Prabir Purkayastha vs State (NCT Delhi) 2024 INSC 414 and to release the petitioners from the custody in connection with Crime No.173 of 2024.
3. The first respondent registered a First Information Report in Crime No.173 of 2024 on 21.05.2024 against the second petitioner for the alleged offence under Sections 34 , 153B of INDIAN PENAL CODE and Section 13 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as “the UAPA ”). It is alleged that the second petitioner is the leader of Hizb-ut- Tahrir (HuT) organisation, which is banned in several countries across the world. The police claim that through his YouTube channel, “Dr.Hameed Hussain Talks”, the second petitioner incites young Islamists to secretly implement Is
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 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 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 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....
(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 failure to communicate the grounds of arrest in writing does not render detention illegal if substantial compliance with constitutional and statutory mandates is demonstrated.
The requirement to communicate grounds of arrest is mandatory and non-compliance may vitiate the legality of the arrest.
(1) Bail – Filing of charge-sheet and cognizance of order cannot validate an unconstitutional arrest – Constitutional requirement of informing arrestee of grounds of arrest is mandatory.(2) Dictum la....
Grounds for arrest must adequately inform the arrestee of accusations to uphold constitutional protections against unlawful detention, ensuring compliance with Article 22(1).
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
