Jurist Supreme Court of India upholds constitutional obligation to communicate grounds of arrest

[Dadparvar]

In a landmark ruling, the Supreme Court of India (SC), on Friday, reinforced the constitutional mandate that the grounds of arrest must be communicated to an accused, calling it a “mandatory constitutional requirement” rather than a mere formality. The judgment, delivered by a bench led by Justice Abhay S. Oka in Vihaan Kumar vs. The State of Haryana is a milestone in safeguarding the rights of individuals against arbitrary state action.

The case revolved around the arrest of Vihaan Kumar, who was taken into custody by Haryana Police without being informed of the grounds of his arrest. The appellant contended that this omission violated his fundamental right under Article 22(1).

Article 22 (1) of the Constitution of India states that “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.”

The court held that failure to inform the accused of the grounds for arrest violates Article 22(1) and amounts to an infringement of the right to personal liberty under Article 21. While delivering the verdict, Justice Oka stated that informing the person arrested of the grounds of arrest is a constitutional requirement, and any failure to comply with it renders the arrest illegal, vitiating subsequent judicial remand. Additionally, the court clarified that merely informing an arrested person’s relatives about their detention does not absolve law enforcement agencies of their constitutional and legal duty to directly inform the arrested individual of the reasons for their arrest.

The bench, condemning the police’s actions in handcuffing and chaining the accused to a hospital bed, calling it a “gross violation of human dignity and the right to life under Article 21”, directed the Haryana government to issue guidelines ensuring strict adherence to constitutional safeguards. The SC further emphasized that the burden of proving compliance with Article 22(1) during an arrest lies on the arresting authorities, wherein non-compliance would result in the immediate release of the accused, regardless of further proceedings. The court reasoned that communicating the grounds of arrest must be meaningful so as to allow the accused to seek legal recourse effectively.

“Communication of the grounds of arrest is meant to serve a higher purpose—ensuring access to legal representation and upholding the dignity of the individual. The process must be such that the accused understands the grounds in a language they comprehend,” the division bench stated.

The ruling is a crucial step in strengthening the rule of law in India, ensuring that legal safeguards are not bypassed, serving as a strong warning against arbitrary arrests and reinforcing the supremacy of the constitution.

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