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Supreme Court of India 2024-05-15 allowed

PRABIR PURKAYASTHA vs STATE(NCT OF DELHI)

Bench: 2 — B.R. Gavai, Sandeep Mehta

In Brief

A journalist-director was arrested on UAPA charges without being provided written grounds of arrest before police custody remand. The Supreme Court held that communicating arrest grounds in writing is a sacrosanct constitutional requirement under Article 22(1) applicable equally to UAPA and PMLA arrests. The interpretation from Pankaj Bansal (decided one day prior) applies to this case. The arrest, remand order, and High Court's dismissal of the challenge were quashed as invalid. The appellant was ordered released on bail, as the charge sheet had been filed. The Court found the remand proceedings were conducted clandestinely, with the appellant's chosen advocate excluded and remand passed before grounds could be meaningfully communicated.

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Unlawful Activities Prevention Act Arrest and Detention Fundamental Rights Police Custody Remand Grounds of Arrest Criminal Procedure

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