The Supreme Court’s major decision on the rule of arrest.
The Supreme Court has given a big verdict regarding the rule of arrest. The Supreme Court has said that if the warrant is present then there is no need to tell other grounds for arrest. A bench of Supreme Court Justice JB Pardiwala and R Mahadevan have given this decision while hearing the appeal in a case. Let us know what the court has said in its decision.
The basis of arrest is warrant- SC
The Supreme Court has said in its judgment that if a person is arrested on the basis of warrant, then the basis of that arrest is a warrant. If the person is read out after reading the warrant of arrest, then it is automatically followed that the person should be informed about the grounds of arrest. The court said that if the person is arrested without a warrant, then he must give information about why he has been arrested.
What did the Supreme Court say?
In fact, an appelitor had filed an appeal in the Supreme Court challenging his son’s alleged illegal arrest. The appellant was first shocked by the trial court and the High Court. The appellant had claimed that the arrest of his son lacked compliance with the compulsory provision of Article 22 (1) of the Constitution. So this arrest was illegal. However, the Supreme Court in its judgment made it clear that there is a need to present the basis of arrest under Article 22 (1) of the Constitution only when the arrest is warrant free.
The Supreme Court has clarified that when the arrest of a person is based on the warrant, there is no need to tell the basis of arrest separately according to Article 22 (1) of the Constitution. Warrant is the basis for arrest. Reading the warrant loudly fulfills the constitutional obligation to give the reason to the person who is arrested.
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