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2024 Supreme(SC) 463

B. R. GAVAI, SANDEEP MEHTA
Prabir Purkayastha – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Kapil Sibal, Sr. Adv. Mr. Siddharth Aggarwal, Sr. Adv. Mr. Arshdeep Singh Khurana, Adv. Mr. Nitin Saluja, AOR Mr. Harsh Srivastava, Adv. Mr. Harshit Mahalwal, Adv. Mr. Sidak Singh Anand, Adv. Mr. Manan Khanna, Adv. Mr. Nikhil Pawar, Adv. Ms. Shivani Luthra Lohiya, Adv. Ms. Saujanya Shankar, Adv. Ms. Rupali Samual, Adv. Ms. Pinky Dubey, Adv. Ms. Asmita Narula, Adv. Ms. Simran Khurana, Adv. Ms. Ishita Soni, Adv. Ms. Pranya Madan, Adv. Mr. Saahil Mongia, Adv.
For the Respondent(s): Mr. Suryaprakash V Raju, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mr. Zoheb Hussain, Adv. Mr. Annam Venkatesh, Adv. Mr. Kanu Agrawal, Adv. Mr. Arkaj Kumar, Adv. Mr. Vivek Gurnani,Adv. Mr. Samrat Goswami,Adv. Mr. Hitarthraja,Adv. Ms. Madhumita Kesavan,Adv. Ms. Abhipriya,Adv. Ms. Ritumbhara Garg,Adv. Mr. Vivek Gaurav, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, the key legal points are as follows:

  1. Fundamental and statutory right to be informed of grounds of arrest: Any person arrested for offences, including those under UAPA or other laws, has the right to be informed of the grounds of arrest in writing and to receive a copy of these grounds at the earliest opportunity. This is essential to enable the arrested individual to consult legal counsel, oppose remand, and seek bail (!) (!) (!) (!) .

  2. Distinction between ‘reasons for arrest’ and ‘grounds of arrest’: There is a clear difference; ‘grounds of arrest’ are personal and specific to the accused, whereas ‘reasons for arrest’ are general. The ‘grounds of arrest’ must be communicated in writing to serve the constitutional and legal purpose of enabling effective legal defense (!) (!) (!) .

  3. Constitutional mandate under Article 22: The rights guaranteed under Articles 21 and 22 include the right to be informed of grounds of arrest in writing and in a language understood by the accused. Non-compliance with this requirement renders the arrest and subsequent detention illegal and unconstitutional (!) (!) (!) (!) .

  4. Implication of non-compliance: Failure to furnish the grounds of arrest in writing before or at the time of remand violates the constitutional guarantee and invalidates the arrest and remand process. Such illegality cannot be validated by subsequent acts like filing a charge sheet (!) (!) (!) .

  5. Application of legal principles across statutes: The statutory provisions requiring the communication of grounds of arrest in both the PMLA and UAPA are pari materia and rooted in the constitutional safeguard under Article 22. Therefore, the interpretation that the grounds of arrest must be communicated in writing applies equally to arrests under UAPA and PMLA (!) (!) (!) (!) .

  6. Effect of procedural irregularities: Arrests made without proper communication of grounds, or in a clandestine manner, violate constitutional rights, and such procedural lapses lead to the arrest and remand being declared invalid and unlawful (!) (!) (!) .

  7. Impact of subsequent legal developments: The interpretation of the constitutional provisions and statutory mandates regarding the communication of grounds of arrest is considered binding as law of the land. Even if the judgment was uploaded after the arrest, the principles laid down are applicable to ensure constitutional protections are upheld (!) .

  8. Final outcome: When the arrest and remand are found to be in violation of these constitutional and statutory requirements, the appropriate remedy is to declare such actions invalid and to order the immediate release of the individual, subject to compliance with bail and bonds if charges are filed (!) (!) .

These points collectively emphasize the paramount importance of safeguarding individual liberty by ensuring the arrest process complies with constitutional mandates, particularly regarding the timely and proper communication of grounds of arrest in writing.


J

1. Leave granted.

2. The instant appeal by special leave is preferred on behalf of the appellant for assailing the order dated 13th October, 2023 passed by learned Single Judge of the High Court of Delhi whereby the learned Single Judge dismissed the Criminal Miscellaneous Case No. 7278 of 2023 filed by the appellant seeking the following directions:

    “(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.”

Brief Facts:

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