Arrest -- Grounds of Arrest Not Furnished in Writing -- Constitutional safeguard under Article 22(1) mandatory without exception
(i) Constitution of India, 1950, Art.22(1) -- Arrest -- Grounds of Arrest Not Furnished in Writing -- Right to be informed of grounds of arrest in writing is a fundamental and statutory constitutional safeguard, not a mere procedural formality -- Applies to arrests under all statutes, including special enactments, and is not statute specific -- Written grounds must be furnished as a matter of course and without exception, save where immediate communication is impractical, in which case oral grounds may be conveyed, followed by written grounds within a reasonable time, not later than two hours before production before the Magistrate. (ii) Constitution of India, 1950, Art.22(1) -- Illegal Arrest -- Violation of Article 22(1) -- Once a violation is established, the question of demonstrable prejudice to the accused does not arise -- Violation cannot be treated as a mere procedural lapse requiring proof of prejudice before the arrest can be held illegal -- Violation vitiates not only the arrest but also the subsequent remand, and a later chargesheet or cognizance order cannot validate an arrest unconstitutional from the outset. (iii) Constitution of India, 1950, Art.22(1) -- Release from Illegal Detention -- Non-Furnishing of Grounds of Arrest -- Release of an accused on the ground that written grounds of arrest were not furnished is release from illegal and unconstitutional detention -- Such release is distinct from release on bail and does not amount to the accused being enlarged on bail. (iv) Constitution of India, 1950, Art.22(1) -- Re-Arrest -- Accused Released for Violation of Article 22(1) -- Investigating agency must first furnish written grounds of arrest before approaching the Magistrate seeking custody or re-arrest -- Application must set out reasons for re-arrest, necessity of custodial interrogation, explanation for prior non-compliance, and must carry endorsement of the immediate superior authority -- Magistrate must consider the application expeditiously and may permit re-arrest only on being satisfied of bona fide reasons for the earlier non-compliance.
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