Explaining the reason for the arrest is a mandatory requirement under Article 22 (1) of the Constitution and its violation will be the basis of granting bail, even if there is a statutory sanctions on granting bail, the Allahabad High Court has ruled. In an important judgment, the High Court rejected a remand order of a magistrate of Rampur on 25 December, stating that the petitioner was not informed on the basis of the arrest. It said that giving information about the basis of arrest is a mandatory requirement of Article 22 (1) of the Constitution. It was also said that it is the duty of the magistrate to ensure its compliance and other compulsory security measures. A division bench of Justice Mahesh Chandra Tripathi and Prashant Kumar said that when a violation of Article 22 (1) is proved, it is the duty of the court to order the accused to be released immediately. This will be the basis of granting bail, even if there is a statutory sanctions on granting bail.
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The court said in his order on the petition filed by Manjit Singh that information about the basis of arrest should be provided to the arrested person in such a way that adequate knowledge of the basic facts that make Aadhaar can be given effectively to the arrested person in his understanding language. On 15 February 2024, an FIR was filed against Singh under sections of IPC (420, 467, 468, 469, 406, 506, 506) related to fraud, threats and breach of peace and the petitioner was produced before the Remand Magistrate on 26 December 2024 after the arrest and sent to judicial custody on 26 December 2024 after the arrest.
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The court said that the petitioner was not given the basis of arrest under Section 47 BNSS, and only the arrest memorandum was given in which there were no such details. When a arrested person is presented before the judicial magistrate for remand, it is the duty of the magistrate to find out whether Article 22 (1) and other compulsory security measures have been complied with or not.
