Court Orders Immediate Release, Citing Breach of Fundamental Rights and Lack of Written Grounds for Arrest
In a landmark judgment, the Allahabad High Court declared the arrest of Shivam Chaurasiya illegal, ordering his immediate release. The court found that the arresting officers failed to comply with the constitutional requirement to provide written grounds for arrest, a violation of Articles 21 and 22(1) of the Indian Constitution, as well as Section 36 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.
The judgment, delivered by a Division Bench comprising Justices Abdul Moin and Babita Rani, responded to a habeas corpus writ petition filed by Chaurasiya, challenging his arrest and subsequent remand. The court underscored the mandatory nature of informing arrestees of the grounds for their arrest in writing, emphasizing that non-compliance renders both the arrest and remand illegal.
Chaurasiya was detained on January 28, 2026, in connection with Case Crime No. 15 of 2026, involving allegations under various sections of the Bhartiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act, 2012. However, the court noted that the arrest memo provided to Chaurasiya merely referenced the case number without detailing any specific grounds for his arrest.
The court's decision was heavily influenced by the Supreme Court's ruling in Mihir Rajesh Shah v. State of Maharashtra, which affirmed that the failure to furnish written grounds of arrest constitutes a breach of fundamental rights. The High Court further criticized the remand order issued by the Special Judge, POCSO Court, Pratapgarh, as being issued in a mechanical manner without due consideration of statutory requirements.
In delivering the judgment, the court reiterated the sacrosanct nature of personal liberty and the necessity for law enforcement to adhere strictly to constitutional mandates. It also dismissed the contention that subsequent judicial remand could rectify an initial illegal arrest, asserting that a writ of habeas corpus is justified when a remand order is passed mechanically or without jurisdiction.
The judgment not only sets a precedent for future cases but also serves as a stern reminder to law enforcement agencies about the importance of adhering to constitutional and statutory provisions. The court's order mandates Chaurasiya's release unless he is wanted in other cases and permits the state to proceed in accordance with the law, provided constitutional safeguards are observed.
Bottom Line:
Arrest and Remand - Grounds for arrest must be furnished in writing to the arrestee as mandated under Article 22(1) of the Constitution of India and BNSS, 2023 - Non-compliance renders arrest and remand illegal.
Statutory provision(s):
Article 21, Article 22(1) of the Constitution of India, Bhartiya Nagarik Suraksha Sanhita, 2023 Section 36, Protection of Children from Sexual Offences Act, 2012
Shivam Chaurasiya v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2852731
