The Allahabad High Court has held that the arrest of an accused who is already in custody in another case is a fresh arrest, so the grounds of that arrest must be communicated to him under Article 22(1) of the Constitution and Section 48(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Lucknow: The Allahabad High […]
The Supreme Court has dismissed the State of Karnataka’s petition challenging a Karnataka High Court order that declared the arrest of a Kodagu homestay owner illegal and awarded him Rs 5 lakh compensation. Declining to interfere, the Court left the High Court’s findings intact. The High Court had held that the arrest rested on a provision of the Foreigners Act that had already been repealed.
The Allahabad High Court held that habeas corpus petitions challenging an accused’s initial arrest and remand cannot ordinarily be entertained after cognizance, framing of charges, and substantial progress in trial. “Pandora’s Box Has Been Opened,” the Court remarked on recent illegal-arrest jurisprudence.
