The Allahabad High Court has ruled that police officers who fail to disclose specific grounds of arrest in writing will face suspension and departmental action. Declaring such arrests illegal, the court said mere form-filling without substance violates constitutional rights and due process.
The Supreme Court ruled that police must give every arrested person written grounds of arrest in a language they understand, under Article 22(1) of the Constitution.
Failure to do so will make the arrest and remand illegal, the Court held in Mihir Rajesh Shah v. State of Maharashtra.
The Supreme Court, while hearing a plea regarding Mihir Rajesh Shah’s arrest in a hit-and-run case, addressed the legal requirement of providing grounds for arrest as specified in Article 22(1) of the Constitution. It declined to interfere with the Bombay High Court’s ruling but acknowledged the constitutional significance of the issue.
Sukesh Chandrashekhar, an accused conman, today requested in Delhi High Court for five weekly meetings with his legal counsel in jail. He highlighted personal challenges and referenced a similar provision in another case. The judge recused himself from the hearing. Chandrashekhar emphasized the need for more consultations due to his multiple legal cases.
