Violation of Constitutional Rights: Court Declares Arrest and Remand Orders Invalid in High-Profile Case.
23 October 2024
FIR >> Criminal Law
In the matter of Sachin Mahipati Nimbalkar v/s The State of Maharashtra, the petitioner challenged the legality of his arrest and subsequent remand orders in connection with FIR No. 1191 of 2023, registered at Karad City Police Station. The arrest was made on 1st November 2023, and the petitioner was accused under various sections of the Indian Penal Code, including murder, assault, and unlawful assembly. The petitioner argued that his arrest violated his fundamental rights under Article 21 and 22 of the Constitution, as the grounds for arrest were not communicated to him in writing, thereby breaching the provisions of Article 22(1) and Section 50 of the Code of Criminal Procedure (Cr.P.C.).
In response, the State submitted an affidavit stating that the petitioner was informed about the grounds for arrest and that the arrest procedures, including the notification of the arrest to the petitioner’s wife and medical examination, were in compliance with the law. However, the court noted that the "grounds of arrest" were not adequately communicated to the petitioner as required by the law. It emphasized the distinction between "reasons for arrest" and "grounds for arrest," highlighting that the latter must specifically inform the arrested individual of the facts necessitating his detention.
After considering the legal provisions and precedents, the court concluded that the petitioner’s arrest violated constitutional and statutory requirements, rendering the arrest and subsequent remand orders invalid. Consequently, the court declared the petitioner’s arrest as illegal and ordered his release upon furnishing bail. The court clarified that its ruling was limited to the legality of the arrest and did not affect the merits of the underlying case.