New Delhi: The Supreme Court on Monday made important observations regarding the constitutional rights related to personal liberty and arrest. The Court stated that the fundamental rights guaranteed by the Constitution cannot be interpreted in a limited manner. A person’s personal liberty can only be restricted under the legal process laid down in the Constitution, no matter how serious the crime.
A bench of Justices Ujjal Bhuyan and Atul S. Chandurkar stated that at the time of arrest, the investigating agency must provide the accused with the reasons for the arrest in writing and in a language they can understand.
The Court clarified that this constitutional protection is not limited to ordinary criminal cases. It must also be followed in arrests made under special laws such as the PMLA and UAPA.
Providing Reasons for Arrest Is Not a Mere Formality
The Supreme Court stated that when a person is arrested, their life and personal liberty are affected under Article 21. Therefore, the accused has the right to know the reasons for their arrest.
The bench stated that providing information regarding the grounds for arrest under Article 22(1) is not a mere formality but a mandatory constitutional safeguard.
If the arrested person is not informed of the grounds for arrest promptly, it may be considered a violation of their fundamental rights and such arrest may be invalid.
Rights cannot be taken away by citing a serious crime
The court emphasized that the gravity of a crime or the nature of the charges against a person cannot be grounds for abrogating constitutional protections.
The bench stated that the Constitution must be interpreted in light of its fundamental principles. Fundamental rights cannot be limited based on the gravity of the case.
The Court also cited its earlier judgment in the Prabhu Dayal Deora case. It stated that the gravity of an alleged threat to society cannot, in itself, be sufficient reason to interfere with a citizen’s personal liberty unless the action is in accordance with the procedures laid down in the Constitution and the law.
Conditions on Re-arrest After Illegal Arrest
The Supreme Court also stated that if a person’s arrest is declared illegal due to non-compliance with Article 22, they cannot be immediately re-arrested in the same case.
In such a situation, the approval of a senior police officer and the permission of the relevant court will be required for a re-arrest.
Through this judgment, the Supreme Court clarified that investigating agencies must adhere to the safeguards provided in the Constitution when making arrests, even if the case involves a serious crime.