The Supreme Court has held that an arrest becomes unlawful if the written grounds for it are not provided to the accused in a language they understand. The Court clarified that this is a constitutional requirement, not a procedural formality.
Background
The case arose after an individual was arrested without being given written grounds in a language he could comprehend. Though the authorities claimed the reasons were orally explained, the Supreme Court found that such communication did not meet the standard required by Article 22(1) of the Constitution.
Court’s Observations
The right to be informed of the reasons for one’s arrest is part of the fundamental right to personal liberty under Articles 21 and 22 of the Constitution.
These “grounds of arrest” must be communicated in writing and in a language the arrestee understands, to ensure they can effectively exercise their legal rights — such as seeking bail or consulting legal counsel.
Merely reading out the reasons in a language unfamiliar to the person, or recording them only in official documents, does not amount to valid communication.
The burden lies on the arresting authority to prove that the grounds were properly furnished and understood.
If this is not done, both the arrest and subsequent remand become legally invalid.
Significance of the Ruling
The judgment strengthens procedural safeguards against arbitrary detention. It reinforces that the right to be informed in an understandable language is essential to protecting liberty and ensuring meaningful access to justice. The Court also emphasized that non-compliance cannot be cured later by producing written documents or relying on post-arrest explanations.
This decision will likely influence how enforcement agencies conduct arrests, ensuring that written grounds are promptly provided and translated or explained in the arrestee’s own language to meet constitutional standards.
