Kerala High Court Upholds Fundamental Rights, Grants Bail Due to Improper Arrest Procedures

Court emphasizes the mandatory communication of arrest grounds under Article 22(1) and BNSS 2023, highlighting the importance of constitutional safeguards.

In a significant ruling, the Kerala High Court, under Justice K. Babu, has reinforced the constitutional mandate for authorities to communicate the grounds of arrest effectively, thereby granting bail to several accused in narcotic-related cases due to procedural lapses. The judgment underscores the essential nature of Article 22(1) of the Indian Constitution and Sections 47 and 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which mandate that individuals must be informed of the grounds of their arrest promptly.

The court was responding to multiple bail applications, which highlighted the failure of law enforcement agencies to communicate the grounds of arrest, thereby rendering the arrests illegal. The court observed that the mere mention of penal sections was insufficient and emphasized that specific allegations and details of the contraband must be communicated effectively, preferably in writing, to the accused and their relatives.

In the cases reviewed, the court found non-compliance with these mandates, determining the arrests and subsequent remands as non est, thereby entitling the petitioners to bail. The decision reflects a robust commitment to uphold personal liberty and ensures that procedural safeguards are not mere formalities but integral to the justice process.

Justice Babu highlighted that any violation of Article 22(1) not only violates the fundamental rights under Article 21 but also cannot be rectified by filing a charge sheet or through remand orders. The court further noted that the principle of parity in bail applications is applicable only when similarly situated accused are treated differently, adding another layer of complexity to the judicial interpretation of personal liberty laws.

This landmark ruling is expected to have widespread implications, reinforcing the necessity for law enforcement to adhere strictly to constitutional and statutory requirements, thereby safeguarding individual liberties while maintaining the integrity of the legal process.

Bottom Line:

Requirement of communicating grounds of arrest under Article 22(1) of the Constitution of India and Sections 47 & 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023, reinforced as mandatory. Non-compliance renders arrest and custody illegal.

Statutory provision(s): Article 21, Article 22(1) of the Constitution of India, Sections 47 and 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Vishnu N P v. State of Kerala, (Kerala) : Law Finder Doc Id # 2821896