Prayagraj, April 12: In a landmark ruling, the Allahabad High Court has held that failure to inform an arrested person of the reason for their arrest amounts to a violation of Article 22(1) of the Indian Constitution. This is ground for the grant of bail — even when there are otherwise statutory limitations on granting bail.
The High Court made this observation while quashing a remand order passed on December 25 by a magistrate in Rampur, Uttar Pradesh. The court found that the petitioner in the case had not been informed of the grounds for his arrest at the time of being taken into custody — a clear breach of the constitutional mandate under Article 22(1) of the Indian Constitution.
In its strongly worded judgment, the High Court emphasized that the requirement of informing the arrestee about the reasons for their detention is not a mere formality, but a fundamental and mandatory safeguard enshrined in Article 22(1). This provision of the Constitution guarantees every arrested person the right to be informed, as soon as possible, of the reasons for their arrest and the right to consult and be defended by a legal practitioner of their choice.
The court further underlined that it is the responsibility of the magistrate, before whom the arrested individual is produced, to verify whether these constitutional protections — along with other procedural safeguards — have been fully complied with. Ignoring or overlooking these requirements can render the entire process of arrest and remand legally infirm.
Legal experts are viewing this verdict as a significant reinforcement of individual liberties and due process, especially in cases where procedural lapses are often overlooked. The ruling reiterates that statutory provisions related to bail cannot override the fundamental rights guaranteed under the Constitution.
