Context
The Supreme Court has ruled that a person released because their earlier arrest violated constitutional safeguards cannot be re-arrested merely on fresh grounds stated by police. Re-arrest requires prior permission of a Magistrate and compliance with safeguards under Article 22.
Explanation
- Article 22(1) requires an arrested person to be informed of the grounds of arrest and guarantees the right to consult and be defended by a legal practitioner.
- The Supreme Court held that grounds of arrest must be furnished in writing and in a language understood by the arrested person.
- Article 22(2) requires production before the nearest Magistrate within 24 hours, excluding journey time.
- Violation makes detention illegal and unconstitutional; release in such cases is not the same as bail.
- For re-arrest, police must first provide written grounds and then seek the Magistrate’s approval, explaining why re-arrest is necessary.
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