View of the Supreme Court building in Karnataka. | Photographic credit:
In the judgment with far -reaching consequences for the legality of arrest and benefit in a large number of accused persons in judicial custody, the High Court in Karnatation has declared that all accusations, with the exception of the usual perpetrators, are entitled to the legality of their arrest because of the foundations/reasons for arrests.
The High Court stated that the advantage of the law stipulated by the Court of Prabir Purkayastha will be available to the accused retrospectively because it concerned the rights guaranteed under the Constitution.
The Apex Court, in the Judgment in Prabir Purkayastha vs. State (NCT) of Delhi Delivered on May 15, 2024, Declared That Non-Service of Grounds GROUNDS OF ARREST UNDER ARTICLE 22 (1) (An Arrested Person Shall Be Informed of the reasons for arrests and allowed to consult a lawyer of his / her choice) of the Constitution.
Justice Hemant Chandangoudar approved the order and ordered the release of 20 -year -old Hemanth Data from Arsikere in the Hassan district, arrested on February 17, 2023 for murder charges. The petitioner, who is in his / her judicial link to the rejection of his action, filed a petition in March 2025 and claimed that his arrest was illegal because the police had no reasons for him.
Precedent
The High Court quoted the judgment on the Purkayasthy matter that “… … an argument against retrospective application of the principle of procedural justice, which is in the case of Prabir Purkayastha, does not hold well, rather if the rule of beneficial construction exceeds the area of procedural law and prescribes mitigation or regulation adjustment or adjustment or adjustment of a crime. ”
Stating That The Legal Ratio Enunciated in Purkayastha’s Case Has Merely Exounded the pre-existing Constitutional Guarantee Ensehrined in Article 22 (1) of the Constitation, WHICH HAS BEEN IN EFFECT SINECE 26, 1950, Mr. Justice Chandangoudar Said That Any Violation of the Right to Be Afforded an Opportunity to Make an Effective Representation Against the Arrest or Order of Remand In Relation to Ana, Shall Constitute and Contravention of the Constitimental Guarantee of the Code of Criminal proceedings, although the arrest is carried out before the judgment in the case of Prabir Purkayastha.
The test courts that need to be considered
Meanwhile, the High Court ordered all court courts to consider requests for bail submitted by those who were in custody and prejudice due to non -inclusion, even if the accused were arrested before 15 May 2024.
However, the High Court clarified that the retrospective advantage of the non -disturbing arrest would not be available to those who are arrested according to the provisions of the Money Winding Act, because the Top Court has already clarified this aspect.
Published – April 25, 2025 9:29
