Back
RAJBIR SEHRAWAT
Sarabjeet Singh Kalsi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Rajbir Sehrawat, J.
Freedom; and absolute freedom; has been cherished desire of every human being since the human beings sensed the instinct of 'possession'. However, absolute freedom for one can have huge adverse consequences qua the freedom of another person. Therefore, as a principle of civilized social organization, a new idea was born; which is called liberty. Liberty is the freedom as regulated by law laid down by the sovereign. Therefore, in all legal systems prevalent under various types of sovereigns, the liberty of individual has been ensured to some extent and has been curbed qua certain aspects and under certain circumstances. Article 21 of the Constitution of Bharat contains one of the most important fundamental rights guaranteed to all in India. This Article guarantees right to life and liberty for all. Therefore, this Article can be aptly called as the brightest shining star in the constitutional constellation of Bharat. However, all brightest shining stars are cursed to undergo an eclipse as well. Article 21 of the Constitution is no exception to this. The Article 22 of the Constitution puts curbs on the liberty of citizen to some extent in certain situations
Preventive detention under Article 22 can limit rights under Article 21; the right to speedy trial is contingent upon the initiation of investigation.
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 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 right to a speedy trial is a fundamental right under Article 21, ensuring personal liberty and just legal processes, which must be upheld during bail considerations.
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 established that failure to inform an arrestee of grounds for arrest promptly renders detention illegal, violating constitutional safeguards under Articles 21 and 22.
Inordinate delay in POCSO trial constitutes material change for successive bail application, overriding offence gravity; speedy trial right under Article 21 mandates release from prolonged undertrial....
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
