Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Right to be informed about grounds of arrest Right to Life and Personal Liberty Order of remand Order of detention Arrest memo Grounds of arrest Custody or detention illegal Communication of grounds of arrest to person arrested Police custody remand Order of detention communicated to detenue in writing Informing grounds of arrest in writing Reasons for arrest’ Custodial remand Preventive detention Grounds of detention Remand application Fundamental right Grounds of arrest’ |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Indian Penal Code (45 of 1860) Unlawful Activities (prevention) Act, 1967 (37 of 1967) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Whether the arrest and subsequent remand of the accusedappellant was vitiated as the copy of the remand application was not provided to him or his counsel before passing of the order of remand thus, not informing him of the grounds of arrest in writing.Headnotes Unlawful Activities (Prevention) Act, 1967 – Constitution of India – Articles 22(1) and 22(5) – FIR registered u/ss.13, 16, 17, 18, 22C, UAPA r/w ss.153A, 120B, IPC – Appellant was arrested in connection therewith however, the arrest memo did not contain the ‘grounds of arrest’ – Appellant subsequently remanded to police custody by Remand Judge – Grounds of arrest were thus, not furnished to the appellant at the time of his arrest and before remanding him to police custody – Arrest and the police custody remand challenged by the appellant – Rejected by Single Judge of the High Court by impugned judgment. |
Judge | Honble Mr. Justice Sandeep Mehta |
Neutral Citation | 2024 INSC 414 |
Petitioner | Prabir Purkayastha |
Respondent | State (nct Of Delhi) |
SCR | [2024] 6 S.C.R. 666 |
Judgement Date | 2024-05-15 |
Case Number | 2577 |
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