The failure to inform an arrestee of the grounds for arrest and denial of legal representation during remand proceedings violates constitutional rights, rendering such procedures invalid.

JUDGMENT

TUSHAR RAO GEDELA, J.

[ The proceeding has been conducted through Hybrid mode ]

1. Upon the requests made by the learned counsel for the parties, CRL.M.C. 7278/2023 is taken up for adjudication first.

CRL.M.C. 7278/2023

2. The petitioner seeks following reliefs:-

“A. Declare the arrest of the Petitioner as illegal and in gross violation of the fundamental rights of the Petitioner guaranteed under Article 21 and 22 of the Constitution of India in relation to FIR No. 224/2023 dated 17.08.2023 PS Special Cell, Lodhi Road, Delhi Police;

B. Declare and set aside the Remand Order dated 04.10.2023 passed by the Ld. Special Judge, Patiala House Court as null and void as the same being passed in complete violation of all constitutional mandates including failure to consult and to be defended by legal practitioner of his choice during the Remand Proceedings, being violative of Petitioner's right guaranteed under Article 22 of the Constitution of India.

C. Direct immediate release of the Petitioner from custody in FIR No. 224/2023 dated 17.08.2023 PS Special Cell, Lodhi Road, Delhi Police.”

3. Facts as culled out from the petition filed by the petitioner are as follows:-

“ix. On 03.10.2023 during the wee hours of the morning i.e. from 6:30 AM onwards, officers of Special Cell, PS Lodhi Road carried out extensive raids at the residential and official premises of the Petitioner and the said Company in relation to the said FIR and admittedly seized various documents and digital devices belonging to the Petitioner and other employees of the said Company during its search and seizure proceedings. It is submitted that despite having searched the premises of the said Company and having sealed its office after seizure of all digital devices, no panchnama/seizure memo or backup of any of digital devices seized from the office of the Company was provided by the raiding party of Special Cell PS Lodhi Road at the conclusion of the search. It is further submitted that the Petitioner apprehends that the digital data retrieved during the course of the aforesaid raids may be tampered with so as to falsely implicate the Petitioner and the said company in the said FIR.

x. It is further pertinent to note that the Petitioner herein was unlawfully arrested and has been in the custody of the officers of Special Cell, PS Lodhi Road from the morning of 03.10.2023 i.e., 6:30 AM onwards. The Petitioner was taken to the office of the said Company in the afternoon on 03.10.2023 by the officers of the Special Cell, PS Lodhi Road in their custody and thereafter the Petitioner was taken to Special Cell, PS Lodhi Road in the evening. The Petitioner was informed only around 7 PM that he has been arrested in the said FIR. However, no grounds of arrest were communicated to the Petitioner either orally or in writing at the time of the arrest. Notably, the same has yet not been communicated to the Petitioner at the time of filing of the instant Petition either. The Petitioner was briefly shown certain documents at the time of his arrest, which he was told were a memo of arrest and a personal search memo, and he was asked to sign the said documents, without giving him any opportunity or time to read them. It is relevant to note that even these documents have not been provided to either the Petitioner or his counsel.

xi. It is submitted that even after his arrest, the Petitioner was not supplied with the copy of the said FIR. Though the Petitioner was allowed to meet his counsel briefly on 03.10.2023 at the Special Cell office at Lodhi Road, Delhi, he was not permitted to sign any Vak