Fundamental Rights Violation Leads to Bail for Petitioners in High-Profile Robbery Case
In a significant ruling, the Orissa High Court has granted bail to three petitioners, including Matal @ Pramod Nayak @ Naik, in connection with a high-profile robbery case, citing violations of constitutional and statutory arrest protocols. Justice G. Satapathy presided over the bail applications, arising from a robbery of Rs. 27,00,000 from Indian Bank, Mandhatapur in Nayagarh District, under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Arms Act.
The court emphasized the mandatory compliance with Article 22(1) of the Indian Constitution and Section 47 of the BNSS, 2023, which require that the grounds of arrest be communicated in writing to the detainee in a language they understand. Failure to adhere to these requirements renders the arrest and subsequent remand illegal, compelling the court to release the accused on bail.
Justice Satapathy highlighted that the arrest memos in question did not meet the legal criteria, as they merely referenced "under the strength of above noted case" without detailing the specific grounds of arrest or ensuring the detainee understood them. This oversight was deemed a violation of the petitioners' fundamental rights, necessitating their release on bail.
The court's decision aligns with precedents set by the Supreme Court, notably in the cases of Mihir Rajesh Shah v. State of Maharashtra and Directorate of Enforcement v. Subash Sharma, underscoring the judiciary's role in upholding constitutional protections.
In addition to granting bail, the court directed the Principal Secretary, Home Department, Odisha, and the Director General of Police, Odisha, to provide adequate training for police officers to ensure adherence to mandatory arrest protocols, thereby preventing future infractions that could benefit offenders.
The decision underscores the judiciary's commitment to safeguarding individual rights against procedural lapses, setting a precedent for strict compliance with legal norms in arrests.
Bottom Line:
Arrest procedure - Mandatory compliance with constitutional and statutory provisions under Article 22(1) of the Constitution of India and Section 47 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Statutory provision(s): Article 22(1) of the Constitution of India, Section 47 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Sections 310(2), 311, 111(3) of BNSS, Sections 25/27 of the Arms Act
Matal @ PramodNayak @ Naik v. State of Odisha, (Orissa) : Law Finder Doc id # 2855365
