The court was hearing a plea concerning the arrest of Shiromani Akali Dal-affiliated Mullanpur Dakha constituency in-charge Jaskaranjit Singh in a case involving allegations of sexual assault of a minor. It declared his arrest illegal after finding that the grounds of arrest had not been furnished to him.
On re-arrest, the court said the investigating agency must first furnish the grounds of arrest and then approach the concerned magistrate, explaining both the need for custody and why the grounds had not been supplied during the original arrest.
The application must carry the endorsement of the investigating officer’s immediate senior authority. The magistrate must then consider the request expeditiously, preferably within a week, while following principles of natural justice.
The court also directed that the investigation be handed over to another officer if re-arrest is sought after an Article 22(1) violation. The superior authority must additionally order a departmental inquiry against the officer responsible for the original lapse.
If the inquiry finds the officer at fault, the court said departmental action should follow, along with an entry in the officer’s service book.
The Supreme Court directed that a copy of its judgment be sent to the directors general of police of all states and Union territories.
The court stressed that constitutional safeguards governing personal liberty cannot be treated as technicalities. It reiterated that when an arrest violates Article 22(1), release from custody is release from illegal and unconstitutional detention, rather than release on bail.
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