AI Overview...
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Arrest at Airport & Violation of Article 22 - Individuals arrested at airports, such as the petitioner involved in violations under the Air Act, are protected under Article 22 of the Indian Constitution, which guarantees certain rights to detained persons, including the right to be informed of reasons for arrest and to consult legal counsel. Courts have held that if these rights are upheld, there is no violation of Article 22, even in cases involving airport arrests PREM KUMAR UPADHYAY VS AIR INDIA LTD. - Bombay, Khundrakpam Ongbi Ibetombi Devi VS Commanding officer, 317 Field Regiment - Gauhati, Bittu Choith Harchandani VS State of Maharashtra - Bombay.
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Legal Protections & Rights of Detainees - Under Article 22, detained individuals must be produced before a magistrate within 24 hours, and they have the right to be informed of the reasons for detention. Violations, such as concealment of arrest details or torture, can be challenged through writ petitions like Habeas Corpus. Courts have emphasized that procedural safeguards must be maintained to prevent violations of constitutional rights Khundrakpam Ongbi Ibetombi Devi VS Commanding officer, 317 Field Regiment - Gauhati.
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Falsification & Malafide Actions - Allegations of false accusations, such as illegal foreign currency export or mis-declaration at customs, have been scrutinized. Courts have rejected claims of violation of rights when procedural safeguards were followed, and found that acts like mis-declaration do not necessarily violate constitutional provisions if proper procedures are adhered to Arulsamy Sebastian VS Secretary to Government (Political General Administration), Hyderabad - Andhra Pradesh, ARULSAMY SABASTIAN, MADRAS VS SECRETARY TO GOVERNMENT (POLITICAL GENERAL ADMINISTRATION (LAW and ORDER- II) DEPARTMENT, Government Of A. P. , HYDERABAD - Andhra Pradesh, RAJEEV VERMA VS UNION OF INDIA - Delhi.
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Double Jeopardy & Bail - Under Article 22(2), protections against double jeopardy are upheld. Courts have clarified that arrests made under statutes like the Customs Act or COFEPOSA do not violate this article if proper legal procedures are followed, and bail can be granted based on the circumstances Johnn Tuchler VS Superintendent of Customs, Bangalore - Karnataka.
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Detention & Malafide Exercise of Powers - Challenges to detention orders under laws like COFEPOSA have been dismissed when courts find no malafide intent or procedural lapses. Courts have emphasized that detention orders must be based on valid grounds, and courts are reluctant to interfere in pre-execution stages unless gross violations are evident RAJEEV VERMA VS UNION OF INDIA - Delhi, RAJEEV VERMA VS UNION OF INDIA - Delhi.
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Right to Fair Procedure & Non-Citizens - Non-citizens do not have the same fundamental rights under Article 19 but retain rights under Articles 20, 21, and 22, including protections against arbitrary detention and torture. Proper procedures, including informing detainees and producing them before a magistrate, are mandatory Anwar VS State Of J & K - Supreme Court.
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Conclusion - Arrests at airports under violation of Article 22 are legally permissible if procedural safeguards are maintained. Any violation of rights, such as torture or concealment of arrest, can be challenged through writ petitions. Courts consistently uphold the importance of following due process, ensuring detainees' rights are protected, and verifying the bona fide exercise of detention powers PREM KUMAR UPADHYAY VS AIR INDIA LTD. - Bombay, Khundrakpam Ongbi Ibetombi Devi VS Commanding officer, 317 Field Regiment - Gauhati, RAJEEV VERMA VS UNION OF INDIA - Delhi.
References: - Constitution of India, Articles 22, 14, 19, 21, 226, 32 - Customs Act, 1962 & 1974, Sections 3(1)(i), (iii), 57, 104(1), 107, 108 - COFEPOSA Act, Sections 3(1), 113(i) - Supreme Court and High Court judgments on detention, arrest, and procedural safeguards
Search Results for "Arrested from Air Port Violation of Article 22"
2004 0 Supreme(Bom) 1574 • India - Bombay
F.I.REBELLO
Constitution Of India, 1950 - Article 226 - Exercise of writ jurisdiction under Article 226 of Constitution. - Where finding arrived ... finding of fact cannot be said to be perverse now the award on that count be liable to be set aside on the ground that there was violation ... at by Tribunal was not perverse therefore High Court, in exercise of its jurisdiction under Article 226 of Constitution, cannot ... Since the petitioner was involved in the said Act, the petitioner was arrested by the Sahar Airp....
1997 0 Supreme(AP) 806 • India - Andhra Pradesh
V.RAJAGOPALA REDDY, V.BHASKARA RAO
Officers had falsely alleged that he had been illegally exporting foreign currency through Hyderabad Air Port, Hyderabad and further ... Abdullah and Jahir came along with him from Madras by train - Held, There is no violation of right guaranteed to detenu under provisions ... Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 3 (1) (i) and (iii) - Constitution of India - Article ... guaranteed under Article 22 (5) of the Constitution of India. ....
1997 0 Supreme(AP) 808 • India - Andhra Pradesh
V.RAJAGOPALA REDDY
Officers had falsely alleged that he had been illegally exporting foreign currency through Hyderabad Air Port, Hyderabad and further ... , but petitioner denied said allegation - Held, In that case, it could be said that delay is properly explained and there is no violation ... Conservation of Foreign Exchange and Prevention of smuggling Activities Act, 19 74 - Section 3 (1) (i) and (iii) - Constitution of India - Article ... under Article 22 (5) of the constitution of India. ... There....
2011 0 Supreme(Kar) 270 • India - Karnataka
A.S.PACHHAPURE
No double jeopardy in terms of Article 22 (2) has been caused to the accused/petitioner. ... No double jeopardy in terms of Article 22 (2) has been caused to the accused/petitioner. ... CODE OF CRIMINAL PROCEDURE, 1973 - Sections 57 & 439: [A.S.Pachhapure, J] Grant of Bail - Held, The accused was arrested for commission ... In the decision referred to supra, the accused was intercepted on 02.11.09 and he was produced before the Magistrate on 04.11.09 and in these circumstances, the High Court held tha....
2006 0 Supreme(Gau) 553 • India - Gauhati
R.B.MISRA, T.NANDAKUMAR SINGH
TORTURE - Habeas Corpus - Universal Declaration of Human Rights, 1948, Articles 20, 21, and 22 - Indian Evidence Act, 1872 - Apex ... The District Judge's inquiry found that the son had been arrested and not released by the army personnel. ... 21 Fact of the Case: The petitioner's son was allegedly arrested by army personnel and not released, despite efforts ... Cases where violation of Article 21 involving custodial death or torture is established or is incontrovertible stand on a di....
2007 0 Supreme(Del) 2 • India - Delhi
MANMOHAN SARIN, MANJU GOEL
constituted a material violation under Section 113(i) of the Customs Act. ... seeks quashing of the detention order passed under Section 3(1) of the COFEPOSA Act, alleging mala fide exercise of powers and violation ... Finding of the Court: The court found merit in the respondents' contention that the mis-declaration of the port of ... This, in any case, is not a fit case to be entertained in the exercise of equitable and discretionary jurisdiction under Article 226 for interference at the pre execution stage. ... Ther....
1983 0 Supreme(Mad) 536 • India - Madras
S.RATNAVEL PANDIAN, K.M.NATARAJAN, S.A.KADER
Code of Criminal Procedure, 1973-Section 46-Customs Act, 1962-Sections 104(1), 107 and 108-Constitution of India-Article 22- Evidence ... and then the person arrested should be produced before a Magistrate without giving room for any complaint that Article 22(2) is violated. ... 21 and such as there is no question of any violation of the provisions of Article 21 of the Constitution, and (3) that to attract Article 22(2) two essentia....
1970 0 Supreme(SC) 283 • India - Supreme Court
I.D.DUA
NON-CITIZENS CANNOT CLAIM FUNDAMENTAL RIGHT UNDER ARTICLE 19 BUT CAN CLAIM RIGHT UNDER ARTICLES 20, 21 AND 22 - - NON-CITIZENS CAN ... CAN CLAIM RIGHTS UNDER ARTICLES 20, 21 AND 22—THOUGH NOT ENTITLED TO ANY FUNDAMENTAL RIGHT UNDER ARTICLE 19 - NON-CITIZEN CANNOT ... ART.19 - NON-CITIZENS CANNOT CLAIM FUNDAMENTAL RIGHT UNDER ARTICLE 19 BUT CAN CLAIM RIGHT UNDER ARTS. 20, 21 AND 22 - NON-CITIZENS ... On appeal by the State, the SC set aside the order....
2007 0 Supreme(Del) 4 • India - Delhi
MANMOHAN SARIN, MANJU GOEL
of Articles 14 and 21 of the Constitution of India. ... petitioner seeks quashing of a detention order passed under Section 3(1) of the COFEPOSA Act, alleging malafide exercise of powers and violations ... Finding of the Court: The court found merit in the respondents' contentions regarding mis-declaration of the port of ... The Court held that equitable jurisdiction under Article 226 and Article 32, which is discretionary in nature, would not be exercised in a case where the proposed detenu successfu....
2015 0 Supreme(Bom) 1008 • India - Bombay
S.C.DHARMADHIKARI, G.S.KULKARNI
Since there was no violation of detenue’s right guaranteed by Article 22 of the Constitution due to being given all materials on ... On account of the statements made in the affidavits in reply as well, the detenu’s rights guaranteed by Article 22 of the Constitution ... of India are in no way infringed nor is the mandate of the said article in any way violated. ... 22, Article 246 and Schedule Seven, List I Entry 9 and List III Entry 3. ... By an ar....
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