The Judgement discusses the Supreme Court's ruling in Prabir Purkayastha vs. State (NCT of Delhi), reinforcing the necessity for arresting authorities to furnish the grounds of arrest in writing to uphold Article 22(1) of the Constitution. This requirement applies universally to all arrests. The court's decision highlights that failure to provide written grounds of arrest invalidates the arrest and subsequent remand orders, as demonstrated in the case of the Petitioner arrested on 22/02/2024. The judgment mandates strict compliance and dissemination of this ruling to law enforcement authorities.

Introduction

• The Supreme Court ruled that grounds of arrest must be communicated in writing to avoid ambiguity and protect fundamental rights under Article 22(1) of the Constitution.

Case Reference

• Prabir Purkayastha vs. State (NCT of Delhi)
  • Decision Date: 15/05/2024
  • Extended the principle to all arrests, not limited to specific legislation.

Violation of Article 22(1)

• The Petitioner's arrest on 22/02/2024 without written grounds was in violation of Article 22(1) and Section 50 of Cr.P.C.

Rejection of Oral Communication

• The court rejected the argument justifying oral communication of grounds of arrest.

Nullification of Remand Orders

• The Petitioner's initial arrest's illegality rendered subsequent remand orders null and void.
• The court ordered the Petitioner’s release in connection with F.I.R. No. 68/2020.

Universal Compliance Mandated

• Arresting authorities must comply with the requirement to provide written grounds of arrest.
• Non-compliance will attract legal consequences.

Clarification on Grounds vs. Reasons of Arrest

• Grounds of Arrest: Detailed and personal to the accused.
• Reasons of Arrest: General reasons applicable to any arrest.

Court’s Firm Stance

• The court affirmed the need for written grounds of arrest to uphold the fundamental rights and ensure fair legal processes.

Binding Nature of Supreme Court Decisions

• Decisions in Pankaj Bansal vs. Union of India and Prabir Purkayastha vs. State (NCT of Delhi) are binding on all courts by virtue of Article 141 of the Constitution.
• All authorities must aid in implementing these rulings per Article 144.

Procedural Compliance

• The arresting authority must fill in details of grounds of arrest in official forms and ensure proper communication to the arrested person.

Conclusion

• The Petitioner's arrest was declared illegal, and remand orders were set aside.
• The Petitioner was granted bail.
• The judgment to be disseminated among police authorities for compliance.

Directions for Circulation

• The court requested the Public Prosecutor to circulate the judgment to police authorities for broader awareness and compliance.