Article 22 Archives

‘Magistrate may ascertain arrestee’s condition through video conferencing or personal visit’: Gauhati HC grants bail to hospitalised arrestee not produced in 24 hours

‘Unless an order of remand under Section 187of the BNSS is passed, the initial arrest of the arrestee beyond the period of 24 hours from the time of his arrest will become illegal.’

Case Briefs High Courts

‘Detention based on Look Out Circular amounts to arrest, violates fundamental rights’; Bombay HC declares Singapore resident’s arrest illegal

The moment petitioner was intercepted by the Immigration officers around 10:00 pm, on 13-08-2024, allegedly based on a Look Out Circular, he was deprived of his liberty and he ceased to be free.

Case Briefs Supreme Court

‘Failure in furnishing documents & delay in deciding detenu’s representation violates Art. 22(5)’: SC quashes detention order under COFEPOSA

“In the matters pertaining to personal liberty of the citizens, the Authorities are enjoined with a constitutional obligation to decide the representation with utmost expedition. Each day’s delay matters in such a case.”

Case Briefs High Courts

J&K and Ladakh HC quashes the detention order issued in 2022 based on an FIR registered against a detenue in 2004

The petitioner was detained in June 2022 based on a FIR registered against him in 2004. However, the petitioner had already been acquitted from the charges levied against him in 2004.

Case Briefs Supreme Court

National Security Act| Delay in considering representation; non-communication of rejection strike at the heart of fundamental rights of detenu: SC

“Preventive detention in independent India is to be exercised with utmost regard to constitutional safeguards.”