Mandate Of Serving Grounds Of Arrest In Writing Under UAPA Applies To Arrests From Date Of SC's Pankaj Bansal Ruling: Delhi High Court
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1 month ago

Mandate Of Serving Grounds Of Arrest In Writing Under UAPA Applies To Arrests From Date Of SC's Pankaj Bansal Ruling: Delhi High Court

Live Law  

The Delhi High Court on Thursday ruled that the mandate of serving grounds of arrest in writing to an arrestee under UAPA will apply to arrests from the date of pronouncement of Supreme Court ruling in Pankaj Bansal case delivered on October 03, 2023, and not from the date of pronouncement of subsequent decision in Prabir Purkayastha case. The Court was dealing with a plea raising the question as to whether the constitutional mandate of serving grounds of arrest in writing to an arrestee under UAPA would come into effect from the date of the Supreme Court verdict in Pankaj Bansal case or in Prabir Purkayastha case. Ordering their release, Justice Bhambhani rejected NIA's contention and said that the mandate of Pankaj Bansal case would apply to the arrest of the petitioners even though they were arrested on March 13, 2024. It ruled that in light of the verdicts of the Supreme Court in Pankaj Bansal and Prabir Purkayastha cases, the requirement of serving grounds of arrest in writing to an arrestee is compulsory and unquestionable regardless of whether an arrest has been made under the PMLA or the UAPA or under any other criminal statute.

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History of this topic

"Grounds Of Arrest Informed After 7 Hrs": P&H HC Declares Arrest Illegal, Says Grounds Must Be Conveyed To Accused In A Meaningful Manner
1 day, 14 hours ago

"Grounds Of Arrest Informed After 7 Hrs": P&H HC Declares Arrest Illegal, Says Grounds Must Be Conveyed To Accused In A Meaningful Manner

Live Law  

The Punjab & Haryana High Court declared the arrest of a music producer illegal, as the grounds for arrest were not provided to him at the time of his arrest. This is reinforced by the fact that the Warrant Officer was not provided with a copy of the FIR or the memo of arrest of the detenu when he arrived …

Mandate Of Serving Grounds Of Arrest In Writing Applies To Arrests From Date Of SC's Pankaj Bansal Ruling: Punjab & Haryana High Court
1 month ago

Mandate Of Serving Grounds Of Arrest In Writing Applies To Arrests From Date Of SC's Pankaj Bansal Ruling: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that the law laid down in the Pankaj Bansal case will be applicable prospectively which is after October 03, 2023, the date on which the judgment in Pankaj Bansal was pronounced.In a landmark judgment in the case Pankaj Bansal v. Union of India, the Supreme Court held that the Directorate …

Grounds Of Arrest Served To Accused After Four Minutes Of Actual Arrest Is Not Unreasonable: Bombay High Court
1 month, 1 week ago

Grounds Of Arrest Served To Accused After Four Minutes Of Actual Arrest Is Not Unreasonable: Bombay High Court

Live Law  

The Bombay High Court on Wednesday held that conveying grounds of arrest within four minutes of arresting an individual was 'reasonable' and the same does not violate any fundamental right of the accused. The JMFC in its order noted that the accused was served with his grounds of arrest, four minutes after his 'actual arrest' and this breached his fundamental …

Informing accused grounds of arrest constitutional requirement: Supreme Court
1 month, 2 weeks ago

Informing accused grounds of arrest constitutional requirement: Supreme Court

The Hindu  

In a significant ruling, the Supreme Court on Friday said the requirement of informing grounds of arrest to an accused was not a "formality but a mandatory constitutional requirement”. "If the grounds of arrest are not informed as soon as may be after the arrest, it would amount to a violation of the fundamental right of the arrestee guaranteed under …

Furnishing Grounds Of Arrest Just An Hour Before Remand Hearing Not Compliance Of Section 50 CrPC: Delhi High Court
1 month, 3 weeks ago

Furnishing Grounds Of Arrest Just An Hour Before Remand Hearing Not Compliance Of Section 50 CrPC: Delhi High Court

Live Law  

The Delhi High Court has observed that furnishing grounds of arrest in writing to an arrestee just about an hour before the remand hearing cannot be due or adequate compliance of the requirements of Section 50 of CrPC.The provision mandates that grounds of arrest must be communicated to an arrestee “forthwith” upon the arrest of a person.Justice Anup Jairam Bhambhani …

Whether Grounds Of Arrest Must Be Furnished In Writing In Offences Other Than PMLA/UAPA? Bombay High Court Refers To Larger Bench
1 month, 3 weeks ago

Whether Grounds Of Arrest Must Be Furnished In Writing In Offences Other Than PMLA/UAPA? Bombay High Court Refers To Larger Bench

Live Law  

The Bombay High Court on Friday referred to a larger bench the issue whether grounds of arrest must be furnished to accused in writing in stringent offences like POCSO Act, MCOCA or the NDPS Act, similar to the position crystallised by the Supreme Court qua the Prevention of Money Laundering Act and the Unlawful Activities Act. The development comes after …

Person Arrested U/S 69 CGST Act Must Be Communicated Grounds Of Arrest 'In Writing': Delhi High Court
3 months ago

Person Arrested U/S 69 CGST Act Must Be Communicated Grounds Of Arrest 'In Writing': Delhi High Court

Live Law  

The Delhi High Court has held that grounds of arrest must be furnished to a person arrested under Section 69 of the Central Goods and Services Tax Act, 2017, 'in writing'. “It is evident from the principles as enunciated by the Supreme Court that the requirement to communicate the grounds of arrest in writing is sacrosanct.” The Judge added that …

Person Arrested U/S 69 CGST Act Must Be Communicated Grounds Of Arrest 'In Writing': Delhi High Court
3 months ago

Person Arrested U/S 69 CGST Act Must Be Communicated Grounds Of Arrest 'In Writing': Delhi High Court

Live Law  

The Delhi High Court has held that grounds of arrest must be furnished to a person arrested under Section 69 of the Central Goods and Services Tax Act, 2017, 'in writing'. “It is evident from the principles as enunciated by the Supreme Court that the requirement to communicate the grounds of arrest in writing is sacrosanct.” The Judge added that …

Supreme Court Judgment In 'Arvind Kejriwal' Requiring ED To Supply 'Reasons To Believe' To Arrestee Cannot Apply Retrospectively: Delhi HC
3 months, 3 weeks ago

Supreme Court Judgment In 'Arvind Kejriwal' Requiring ED To Supply 'Reasons To Believe' To Arrestee Cannot Apply Retrospectively: Delhi HC

Live Law  

The Delhi High Court has held that the condition of supplying the “reasons to believe” by ED to a person arrested under PMLA as a separate document as per Supreme Court's ruling in Arvind Kejriwal case ought to be applied prospectively. On July 12, the Supreme Court, while granting bail to Kejriwal in the liquor policy case, had held that …

HC tells Delhi Police to update arrest memo
4 months ago

HC tells Delhi Police to update arrest memo

Hindustan Times  

New Delhi The update was imperative to ensure effective compliance with Section 47 of the Bharatiya Nagarik Suraksha Sanhita, court said. The Delhi high court has directed Delhi Police to update the arrest memo used by its officers while arresting people, adding a column to record the grounds of arrest, underscoring the significance behind this information. The said section mandates …

Police must furnish grounds of arrest in writing & not just convey them orally, rules Supreme Court in Prabir Purkayastha case
10 months, 1 week ago

Police must furnish grounds of arrest in writing & not just convey them orally, rules Supreme Court in Prabir Purkayastha case

The Hindu  

The Supreme Court’s verdict declaring NewsClick founder Prabir Purkayastha’s arrest, as well as remand, invalid is set to bring a sea change in the criminal procedures adopted by the police across the country. Gavai and Sandeep Mehta also differentiated between the meaning of the terms ‘reasons of arrest’ and ‘grounds of arrest.’ While the former relates to general parameters on …

Probe agencies must give written grounds of arrest in UAPA cases, Supreme Court declares in NewsClick judgment
10 months, 1 week ago

Probe agencies must give written grounds of arrest in UAPA cases, Supreme Court declares in NewsClick judgment

The Hindu  

The Supreme Court on May 15 held that the right to life and personal liberty is the most sacrosanct of fundamental rights while declaring that investigating agencies should provide people arrested under the Unlawful Activities Prevention Act with a written copy of information specifying the grounds of their arrest. Gavai and Sandeep Mehta applied its earlier judgment in the Pankaj …

Accused Must Be Given Written Grounds Of Arrest In UAPA Cases Too : Supreme Court Extends Ratio Of 'Pankaj Bansal' Judgment
10 months, 1 week ago

Accused Must Be Given Written Grounds Of Arrest In UAPA Cases Too : Supreme Court Extends Ratio Of 'Pankaj Bansal' Judgment

Live Law  

In one of the crucial developments, the Supreme Court, held that the ratio laid down in the judgment in the case Pankaj Bansal v Union of India mandating that grounds of arrest must be supplied to the accused in writing will also apply in the cases registered under the Unlawful Activities Act 1967. “Apparently, this entire exercise was done in …

Oral Communication Of Grounds Of Arrest Proper Compliance Of S.19(1) PMLA For Arrests Made Prior To 'Pankaj Bansal': Delhi High Court
1 year, 2 months ago

Oral Communication Of Grounds Of Arrest Proper Compliance Of S.19(1) PMLA For Arrests Made Prior To 'Pankaj Bansal': Delhi High Court

Live Law  

The Delhi High Court on Monday observed that oral communication of “grounds of arrest” to an accused is proper compliance of Section 19 of Prevention of Money Laundering Act, 2002, for arrests made prior to the Supreme Court ruling in Pankaj Bansal v. Union of India, delivered on October 3, 2023. The court observed that at the time of Singal's …

NewsClick Case | Supplying Grounds Of Arrest In Writing Not Necessary Under UAPA : Delhi Police To Supreme Court
1 year, 3 months ago

NewsClick Case | Supplying Grounds Of Arrest In Writing Not Necessary Under UAPA : Delhi Police To Supreme Court

Live Law  

A bench of Justices BR Gavai, PS Narasimha, and Prashant Kumar Mishra was hearing the special leave petitions by the duo assailing a decision of the Delhi High Court upholding their arrest by the Delhi Police in a case under the Unlawful Activities Act over alleged Chinese funding to promote anti-national propaganda. Pointing to the Pankaj Bansal ruling in which …

Supreme Court issues notice to police on arrest of NewsClick founder under UAPA
1 year, 5 months ago

Supreme Court issues notice to police on arrest of NewsClick founder under UAPA

The Hindu  

A Supreme Court Bench of Justices B.R. Mishra on October 19 issued notice to the Delhi Police on petitions challenging the arrest and remand of NewsClick founder Prabir Purkayastha and employee Amir Chakraborty under the draconian Unlawful Activities Prevention Act. Editorial | NewsClick non-case: On the strange case of a terrorism FIR without a terrorist act Initially, the court gave …

Why is Delhi High Court least persuasive on denying written arrest grounds to Newsclick accused?
1 year, 5 months ago

Why is Delhi High Court least persuasive on denying written arrest grounds to Newsclick accused?

The Hindu  

Published : Oct 14, 2023 08:38 IST - 5 MINS READ Article 22 of the Constitution dictates that no person who is arrested can be detained in custody without being promptly informed of the grounds for their arrest. This precarious situation can be easily avoided by providing the written grounds of arrest, as recorded by the authorised officer in accordance …

HC rejects NewsClick founder’s plea against arrest under anti-terror law
1 year, 5 months ago

HC rejects NewsClick founder’s plea against arrest under anti-terror law

The Hindu  

The Delhi High Court on Friday refused to interfere with the arrest and subsequent police remand of NewsClick founder Prabir Purkayastha and its human resources department head Amit Chakraborty in a case lodged under the anti-terror law, the Unlawful Activities Act. The High Court, however, rejected their contention saying there was no “procedural infirmity” or violation of constitutional provisions in …

Delhi High Court reserves order on NewsClick founder's plea against arrest
1 year, 5 months ago

Delhi High Court reserves order on NewsClick founder's plea against arrest

India Today  

The Delhi High Court on Monday reserved its order on the pleas filed by NewsClick founder Prabir Purkayastha and its HR head Amit Chakravarty challenging their arrest in a case under the stringent Unlawful Activities Act. Sibal emphasised, "Even till today, we have not been supplied with the grounds of arrest." Solicitor General Tushar Mehta countered, stating, "The grounds of …

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