Arrest, remand without written grounds illegal: Uttarakhand HC

Nainital, Sep 9 (PTI) The Uttarakhand High Court has held that failure to provide written grounds of arrest at the time of detention is a clear violation of the Constitution.

Hearing a criminal petition filed by Mohammad Tanveer who is serving a jail term in a case of cheating and fraud, a single bench of Justice Alok Mahara declared the arrest and the remand order passed on March 9 as illegal on this ground and ordered his immediate release.

The court observed that repeatedly passing remand orders without furnishing written grounds of arrest is contrary to law and violative of Articles 21 and 22 (1) of the Constitution.

Citing recent Supreme Court judgments, the court emphasized that communicating the grounds of arrest to the accused is not a mere formality but a fundamental right.

Tanveer had argued that the police did not provide him with written reasons for his arrest, despite the Supreme Court mandating this requirement. On the other hand, the state contended that the arrest was made only after sufficient evidence was found during investigation.

However, the court held that the validity of an arrest is sustained only if the accused is provided written grounds at the time of arrest.

With this order, Tanveer, facing trial in a pending 2025 criminal case in Roorkee in Haridwar district, was granted relief. The court directed that he be released immediately on furnishing a personal bond and two sureties.

The court also clarified that once an arrest is declared unconstitutional, the subsequent filing of a charge sheet or passing of a cognizance order do not render the arrest valid. PTI COR ALM ZMN