Mumbai: Gone are the days when cops would pick up a person, detain them illegally and arrest them as per their own convenience. This year courts were tough on cops. Section 41A was added to the Criminal Procedure Code way back in 2010. It curtailed the power of the police to arrest, but the provisions were conveniently ignored for the longest time, until this year.
Section 41A, and its corresponding provision, Section 35 of the Bharatiya Nagarik Suraksha Sanhita, made it mandatory for police to issue a notice to the accused asking him/her to join the investigation. If the person complies with the provisions, the officer should not arrest him. Besides, the law which has now emerged makes it mandatory for the officer to give grounds of arrest in writing to the accused, failing which the arrest is held to be illegal.
Bombay HC Expresses Severe Displeasure
On Tuesday, the Bombay High Court expressed severe displeasure over the police failing to inform the accused individuals of the “grounds of arrest”, despite legal mandates. The court quashed the arrest of Riya Arvind Barde, who was accused of forgery, fraud and violating the Foreigners Act, after her September 2024 arrest was found to be in gross violation of Articles 21 and 22(1) of the Constitution.
Quashing Barde’s arrest, the HC directed her immediate release on bail, stating, “The arrest of the petitioner is in gross infraction of her fundamental right under Article 22(1), as the grounds of arrest were not communicated in writing.”
Prior to this, the division bench of Justices Bharati Dangre and Manjusha Deshpande ordered the release of builder Lalit Tekchandani, arrested in three FIRs, for allegedly duping flat buyers in a Navi Mumbai housing project, after holding his arrest illegal and invalid. The bench emphasised the importance of communicating the grounds of arrest to ensure the accused can challenge the remand and seek bail.
It noted, “Communication of ‘grounds of arrest’ is intended to enable an accused to know what material is in the hands of the investigating officer, justify his arrest, and oppose the remand.”
The country’s agencies have also bore the brunt of the court. A special CBI court last week released seven accused, including two IRS officials, on bail, hours after they were arrested in a corruption case, after the court held that their arrest were not as per the law.
While holding their arrest illegal, the court said, “It is necessary to mention all the material in the hands of IO with which the person to be arrested is apprised of, so that he has an opportunity of taking a definite stand when he is produced for remand.”
Mihir Shah, arrested for drink driving, was the only one whom HC refused to release on these grounds citing seriousness of the offence. The court observed that Shah exhibited “utter disregard for human life” and was aware of the consequences of his actions.
