• About
  • Advertise
  • Privacy & Policy
  • Contact
Saturday, July 18, 2026
Visit Mawphor
Highland Post
Govt. of Meghalaya
  • Home
  • Meghalaya
    • All
    • East Garo Hills
    • East Jaintia Hills
    • East Khasi Hills
    • Eastern West Khasi Hills
    • North Garo Hills
    • Ri Bhoi
    • South Garo Hills
    • South West Garo Hills
    • South West Khasi Hills
    • Statewide
    • West Garo Hills
    • West Jaintia Hills
    • West Khasi Hills
    Rs 1005 crore for Shillong Smart City siphoned off?

    Meghalaya 3rd in NE for investment friendliness

    Large chunk of Shillong-Dawki Road washed away

    Shillong-Dawki Road delayed by limits on heavy vehicles

    Pressure groups reiterate uranium opposition on Tirot Sing Day

    Pressure groups reiterate uranium opposition on Tirot Sing Day

    Umroi MLA pulls up MeECL officials over triple Umtangling deaths

    Umroi MLA pulls up MeECL officials over triple Umtangling deaths

    2 men sentenced to 14 years in jail for rape

    12 elderly inmates lodged in Meghalaya jails, HC seeks case details

    Statues of Khasi patriots unveiled at Laitarted

    Statues of Khasi patriots unveiled at Laitarted

    Behdeiñkhlam ends in a shower of blessings

    Behdeiñkhlam ends in a shower of blessings

    Shillong school students engage with Spanish diplomat

    Shillong school students engage with Spanish diplomat

    ICAR-ATARI celebrates foundation day with knowledge sharing & farmer-centric progs

    ICAR-ATARI celebrates foundation day with knowledge sharing & farmer-centric progs

    Trending Tags

    • North East
    • National
      I will stay alive till July 20 at any cost, says Wangchuk

      I will stay alive till July 20 at any cost, says Wangchuk

      India launches its first hydrogen-powered train from Haryana

      India launches its first hydrogen-powered train from Haryana

      Higher Education Bill may lead to concentration of powers in single regulator: Par panel

      Higher Education Bill may lead to concentration of powers in single regulator: Par panel

    • Health
    • Editorial
    • Sports
    • Writer’s Column
    • Letters to the Editor
    No Result
    View All Result
    • Home
    • Meghalaya
      • All
      • East Garo Hills
      • East Jaintia Hills
      • East Khasi Hills
      • Eastern West Khasi Hills
      • North Garo Hills
      • Ri Bhoi
      • South Garo Hills
      • South West Garo Hills
      • South West Khasi Hills
      • Statewide
      • West Garo Hills
      • West Jaintia Hills
      • West Khasi Hills
      Rs 1005 crore for Shillong Smart City siphoned off?

      Meghalaya 3rd in NE for investment friendliness

      Large chunk of Shillong-Dawki Road washed away

      Shillong-Dawki Road delayed by limits on heavy vehicles

      Pressure groups reiterate uranium opposition on Tirot Sing Day

      Pressure groups reiterate uranium opposition on Tirot Sing Day

      Umroi MLA pulls up MeECL officials over triple Umtangling deaths

      Umroi MLA pulls up MeECL officials over triple Umtangling deaths

      2 men sentenced to 14 years in jail for rape

      12 elderly inmates lodged in Meghalaya jails, HC seeks case details

      Statues of Khasi patriots unveiled at Laitarted

      Statues of Khasi patriots unveiled at Laitarted

      Behdeiñkhlam ends in a shower of blessings

      Behdeiñkhlam ends in a shower of blessings

      Shillong school students engage with Spanish diplomat

      Shillong school students engage with Spanish diplomat

      ICAR-ATARI celebrates foundation day with knowledge sharing & farmer-centric progs

      ICAR-ATARI celebrates foundation day with knowledge sharing & farmer-centric progs

      Trending Tags

      • North East
      • National
        I will stay alive till July 20 at any cost, says Wangchuk

        I will stay alive till July 20 at any cost, says Wangchuk

        India launches its first hydrogen-powered train from Haryana

        India launches its first hydrogen-powered train from Haryana

        Higher Education Bill may lead to concentration of powers in single regulator: Par panel

        Higher Education Bill may lead to concentration of powers in single regulator: Par panel

      • Health
      • Editorial
      • Sports
      • Writer’s Column
      • Letters to the Editor
      No Result
      View All Result
      Highland Post
      No Result
      View All Result
      Home National

      Informing accused grounds of arrest constitutional requirement: SC

      HP News Service by HP News Service
      February 7, 2025
      in National
      0
      Informing accused grounds of arrest constitutional requirement: SC

      Supreme Court of India: PTI file photo

      0
      SHARES
      176
      VIEWS

      In a significant ruling, the Supreme Court on Friday said the requirement of informing grounds of arrest to an accused was not a “formality but a mandatory constitutional requirement”.

      A bench of Justices Abhay S Oka and Nongmeikapam Kotiswar Singh said non-compliance by the police would amount to violation of fundamental right under Article 22 of the Constitution.

      “The requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory constitutional requirement. Article 22 is included in Part III of the Constitution under the heading of Fundamental Rights. Thus, it is the fundamental right of every person arrested and detained in custody to be informed of the grounds of arrest as soon as possible,” it said.

      The bench therefore held the arrest of one Vihaan Kumar, represented by senior advocate Kapil Sibal and advocate Vishal Gosain, in a financial fraud case as unconstitutional and violative of his fundamental rights under Article 22(1) of the Constitution.

      Declaring the arrest illegal, the top court ordered Kumar’s immediate release, underscoring the importance of procedural safeguards in criminal law.

      “If the grounds of arrest are not informed as soon as may be after the arrest, it would amount to a violation of the fundamental right of the arrestee guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty…,” Justice Oka said in the judgement.

      Justice Singh concurred with Justice Oka and wrote a few pages to highlight the importance of Article 22 and the right of the accused.

      Justice Oka concluded the verdict saying, “The requirement of informing a person arrested on grounds of arrest is a mandatory requirement of Article 22(1).”

      “The information of the grounds of arrest must be provided to the arrested person in such a manner that sufficient knowledge of the basic facts constituting the grounds is imparted and communicated to the arrested person effectively in the language which he understands. The mode and method of communication must be such that the object of the constitutional safeguard is achieved,” the verdict held.

      The judgment also referred to Article 21 and said no person could be deprived of their liberty except in accordance with the legal procedure.

      “The procedure established by law also includes what is provided in Article 22(1). Therefore, when a person is arrested without a warrant, and the grounds of arrest are not informed to him, as soon as may be, after the arrest, it will amount to a violation of his fundamental right guaranteed under Article 21 as well,” said Justice Oka.

      Article 22 says, “Protection against arrest and detention in certain cases: (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice”.

      The court therefore said when an arrested accused alleged non-compliance of Article 22(1), the burden would always be on the police to prove compliance.

      “When an arrested person is produced before a judicial magistrate for remand, it is the duty of the magistrate to ascertain whether compliance with Article 22(1) and other mandatory safeguards has been made,” it added.

      In case of violation, said the court, it was the court’s duty to order the accused’s release.

      The bench also expressed a strong disapproval of chaining and handcuffing the accused in the hospital in the case at hand apart from the fact that his wife was informed about the grounds of arrest belatedly.

      “We have no hesitation in holding the arrest of the appellant was rendered illegal on account of failure to communicate the grounds of arrest to the appellant as mandated by Article 22(1) of the Constitution,” it said.

      Calling it a violation of the appellant’s fundamental right under Article 21, the court said, “Before we part with this judgment, we must refer to the shocking treatment given to the appellant by the police. He was taken to a hospital while he was handcuffed and he was chained to the hospital bed.”

      The apex court said the right to live with dignity was a part of the rights guaranteed under Article 21 and directed the state government to issue necessary directions to ensure such illegalities were never committed.

      The court was also critical of the high court’s approach in the case and said, “All courts, including the high court, have a duty to uphold fundamental rights. Once a violation of a fundamental right under Article 22(1) was alleged, it was the duty of the high court to go into the said contention and decide in one way or the other.”

      The court ordered the Haryana government to issue guidelines and departmental instructions to police to ensure the act of handcuffing an accused while he was on the hospital bed, and tying him, was never repeated.

      It asked the state police to ensure constitutional safeguards under Article 22 were strictly followed and directed a copy of the judgement to be sent to the state home secretary. (PTI)

      HP News Service

      HP News Service

      An English daily newspaper from Shillong published by Readington Marwein, proprietor of Mawphor Khasi Daily Newspaper, who established the first Khasi daily in 1989.

      Related Posts

      I will stay alive till July 20 at any cost, says Wangchuk
      National

      I will stay alive till July 20 at any cost, says Wangchuk

      July 17, 2026
      India launches its first hydrogen-powered train from Haryana
      National

      India launches its first hydrogen-powered train from Haryana

      July 17, 2026
      Higher Education Bill may lead to concentration of powers in single regulator: Par panel
      National

      Higher Education Bill may lead to concentration of powers in single regulator: Par panel

      July 17, 2026
      Lakhs appear for NEET re-test amid tight security after paper leak row
      National

      NEET-UG: Punjab’s Aryan Gupta, Haryana’s Panshul Bansal emerge topper; 11.21L candidates qualify

      July 17, 2026
      Wangchuk’s health condition has entered critical stage, next phase could be alarming: Doctors
      National

      Wangchuk’s health condition has entered critical stage, next phase could be alarming: Doctors

      July 16, 2026
      Govt ‘cruel’ for ignoring Wangchuk’s fast, says Dipke, as activist enters Day 18 of hunger strike
      National

      Govt ‘cruel’ for ignoring Wangchuk’s fast, says Dipke, as activist enters Day 18 of hunger strike

      July 15, 2026
      Load More
      Next Post
      Transforming teaching

      India humiliated

      Leave a Reply Cancel reply

      Your email address will not be published. Required fields are marked *

      We’re on Facebook

      Advertisement

      • Trending
      • Comments
      • Latest
      Sonam & Raja were with 3 other tourists on day they vanished, says tour guide

      Sonam & Raja were with 3 other tourists on day they vanished, says tour guide

      June 7, 2025
      Tourist taxi association launches agitation against outside vehicles

      Tourist taxi association launches agitation against outside vehicles

      September 17, 2025
      Residents of 44 localities in Shillong drink unsafe water

      Residents of 44 localities in Shillong drink unsafe water

      October 3, 2023
      Bike taxi drivers ask Govt for offline option

      Rapido captains caught off guard by DTO, hired and fined

      July 7, 2024
      Local cabbies disagree with disruption of tourists’ entry

      Assam taxi operators warn of dire effects of ban from tourist sites

      1

      Illegal sand, boulder mining along Umiam River banned

      0

      WINS project launched at Loreto School

      0
      Rs 1005 crore for Shillong Smart City siphoned off?

      Meghalaya 3rd in NE for investment friendliness

      0
      Rs 1005 crore for Shillong Smart City siphoned off?

      Meghalaya 3rd in NE for investment friendliness

      July 18, 2026
      Large chunk of Shillong-Dawki Road washed away

      Shillong-Dawki Road delayed by limits on heavy vehicles

      July 18, 2026
      Pressure groups reiterate uranium opposition on Tirot Sing Day

      Pressure groups reiterate uranium opposition on Tirot Sing Day

      July 18, 2026
      Umroi MLA pulls up MeECL officials over triple Umtangling deaths

      Umroi MLA pulls up MeECL officials over triple Umtangling deaths

      July 18, 2026

      Recommended

      Rs 1005 crore for Shillong Smart City siphoned off?

      Meghalaya 3rd in NE for investment friendliness

      July 18, 2026
      Large chunk of Shillong-Dawki Road washed away

      Shillong-Dawki Road delayed by limits on heavy vehicles

      July 18, 2026
      Pressure groups reiterate uranium opposition on Tirot Sing Day

      Pressure groups reiterate uranium opposition on Tirot Sing Day

      July 18, 2026
      Umroi MLA pulls up MeECL officials over triple Umtangling deaths

      Umroi MLA pulls up MeECL officials over triple Umtangling deaths

      July 18, 2026

      About Highland Post

      You’re visiting the official website of Highland Post, a leading and most circulated English daily of Meghalaya published by the Mawphor Group. Stay updated with our e-edition for latest updates from Meghalaya, North Eastern India and World as a whole.

      Registered office:
      Mavis Dunn Road, Mawkhar,
      Shillong-793001, Meghalaya
      Phone no: 0364-2545423
      Email: highlandpost.shg@gmail.com, editorhp2019@gmail.com

      Like Us on Facebook

      Follow Us on Twitter

      Tweets by HP

      © 2021 Highland Post – All Rights Reserved.

      • About
      • Advertise
      • Privacy & Policy
      • Contact
      No Result
      View All Result
      • Home
      • Meghalaya
        • East Garo Hills
        • East Jaintia Hills
        • East Khasi Hills
        • North Garo Hills
        • Ri Bhoi
        • South Garo Hills
        • South West Garo Hills
        • South West Khasi Hills
        • Statewide
        • West Garo Hills
        • West Jaintia Hills
        • West Khasi Hills
      • North East
      • National
      • International
      • Health
      • Editorial
      • Musey Toons
      • Sports
      • Writer’s Column
      • Letters to the Editor

      © 2021 Highland Post - All Rights Reserved.