Grounds of arrest
Grounds of arrest must be served in writing simultaneously with arrest memo; Delhi High Court grants bail in abetment to suicide case
On perusal of the arrest memo shows that though there is column providing for ‘reasons of arrest’ against which it is stated “for the purpose of fair investigation” but neither there is column for ‘grounds of arrest’ in the arrest memo nor it is the case of the prosecution that the ‘grounds of arrest’ were separately served upon the present petitioner at the time of his arrest.”
SC directs State of Haryana to issue guidelines to ensure that accused persons aren’t handcuffed and chained to hospital beds
Once a person is arrested, his right to liberty under Article 21 is curtailed. When such an important fundamental right is curtailed, it is necessary that the person concerned must understand on what grounds he has been arrested.
Bombay HC declares arrest illegal as grounds of arrest were communicated to accused’s wife but not to the accused
From the arrest panchnama it is evident that the information is given to his wife on the cell number provided by petitioner-accused and apart from that there are no grounds of arrest mentioned in the arrest surrender form.
Preserving Foundational Rights: Supreme Court Reaffirms Importance of Informing Accused of Grounds of Arrest in UAPA Offences
by Vasantha Rajasekaran† and Harshvardhan Korada††
‘Arrest in consonance with Section 19(1) of PMLA’; Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh’s petition challenging his arrest by ED
“In the present case, the Special Court has taken into account the nature of the case against the petitioner and factum of his non-cooperation and other relevant factors while remanding the petitioner into police custody.”
[Excise Liquor Policy] | Arrest of Arvind Kejriwal not in contravention with law; Delhi High Court dismisses Arvind Kejriwal’s plea
Delhi High Court clarified that it is a legal matter between the petitioner and the Directorate of Enforcement, not a conflict between political parties. It stressed the need for the court to maintain its focus on the legal merits of the case, without being influenced by political dynamics.
‘Written Grounds of arrest by ED not necessary under S. 19 PMLA and Art. 22’; Vijay Madanlal holds the field, Pankaj Bansal not applicable retrospectively: SC
“Non furnishing of grounds of arrest in writing till the date of pronouncement of judgment in Pankaj Bansal case could neither be held to be illegal, nor the action of the officer concerned in not furnishing the same in writing could be faulted with.”