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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
PRAMOD KUMAR SRIVASTAVA
Mohd. Haroon – Appellant
Versus
State of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Home – Respondent
| Table of Content |
|---|
| 1. overview of the case facts. (Para 2 , 3) |
| 2. arguments presented by both parties. (Para 4 , 5 , 6) |
| 3. court's evaluation of constitutional provisions. (Para 7 , 8 , 9 , 10) |
| 4. judicial analysis surrounding the grounds of arrest. (Para 11 , 12 , 13 , 14 , 15) |
| 5. interpretation of compliance with procedural mandates. (Para 16 , 17) |
JUDGMENT :
PRAMOD KUMAR SRIVASTAVA, J.
1. Heard the learned counsel for the applicant and Shri Shiv Nath Tilhari, learned AGA-1 for the State-ATS.
2. This application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (though it is wrongly transcribed in the memo of petition as BNS), with the prayer that this Hon'ble Court may graciously be pleased to issue a suitable Writ, Order, or Direction, including a Writ in the nature of certiorari, quashing the judicial remand order dated 22.05.2025 and subsequent remand orders of different dates, passed in connection with Case Crime No. 06/2025, Police Station-ATS, Lucknow. The petitioner further seeks a declaration that his arrest is illegal and ab initio void for being in blatant violation of the mandatory provisions of Article 22(1) of the Constitution of India and Secti
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 inform an arrested person of the grounds for arrest is fundamental; however, substantial compliance may be sufficient, and procedural defects can be curable without rendering deten....
The requirement to inform an arrested person of the grounds for their arrest, as mandated by Article 22(1) of the Constitution, is a mandatory condition that must be adhered to, failing which the arr....
(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 failure to communicate the grounds of arrest to the accused constitutes a violation of constitutional rights, rendering the arrest and subsequent remand illegal.
(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 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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