• About
  • Advertise
  • Privacy & Policy
  • Contact
Sunday, May 3, 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
    Scooty rider attempts to run over cop; Rs 1.5 lakh fines imposed from violators

    Scooty rider attempts to run over cop; Rs 1.5 lakh fines imposed from violators

    Voices against CTI conversion grow louder, NPP’s Sosthenes latest to oppose

    Govt assures structured support for teachers on census duty

    Shopkeeper rescues newborn baby abandoned in EJH

    Call for info on abandoned newborn baby

    NPP welcomes thousands to its fold

    NPP welcomes thousands to its fold

    Concerns over transfer of NH-217 project to NHIDCL

    Concerns over transfer of NH-217 project to NHIDCL

    NDRF, DDMA conduct exercise across schools and colleges in West Garo Hills

    NDRF, DDMA conduct exercise across schools and colleges in West Garo Hills

    Ri-Bhoi begins special summary revision of electoral roll

    State’s first Gender Resource Centre inaugurated in Ri Bhoi

    State signs MoU with CK-12 Foundation to enhance digital learning

    State signs MoU with CK-12 Foundation to enhance digital learning

    Children from high-risk groups receive nutritional support

    Children from high-risk groups receive nutritional support

    Trending Tags

    • North East
    • National
      Mobile phones go abuzz across country with launch of cell broadcast alert system

      Mobile phones go abuzz across country with launch of cell broadcast alert system

      Commercial establishment can only use 19 kg LPG cylinders

      Commercial LPG price hiked by Rs 993 per 19-kg cylinder

      Meghalaya honeymoon murder case: Family has abandoned Sonam, says brother after she gets bail

      Meghalaya honeymoon murder case: Family has abandoned Sonam, says brother after she gets bail

    • 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
      Scooty rider attempts to run over cop; Rs 1.5 lakh fines imposed from violators

      Scooty rider attempts to run over cop; Rs 1.5 lakh fines imposed from violators

      Voices against CTI conversion grow louder, NPP’s Sosthenes latest to oppose

      Govt assures structured support for teachers on census duty

      Shopkeeper rescues newborn baby abandoned in EJH

      Call for info on abandoned newborn baby

      NPP welcomes thousands to its fold

      NPP welcomes thousands to its fold

      Concerns over transfer of NH-217 project to NHIDCL

      Concerns over transfer of NH-217 project to NHIDCL

      NDRF, DDMA conduct exercise across schools and colleges in West Garo Hills

      NDRF, DDMA conduct exercise across schools and colleges in West Garo Hills

      Ri-Bhoi begins special summary revision of electoral roll

      State’s first Gender Resource Centre inaugurated in Ri Bhoi

      State signs MoU with CK-12 Foundation to enhance digital learning

      State signs MoU with CK-12 Foundation to enhance digital learning

      Children from high-risk groups receive nutritional support

      Children from high-risk groups receive nutritional support

      Trending Tags

      • North East
      • National
        Mobile phones go abuzz across country with launch of cell broadcast alert system

        Mobile phones go abuzz across country with launch of cell broadcast alert system

        Commercial establishment can only use 19 kg LPG cylinders

        Commercial LPG price hiked by Rs 993 per 19-kg cylinder

        Meghalaya honeymoon murder case: Family has abandoned Sonam, says brother after she gets bail

        Meghalaya honeymoon murder case: Family has abandoned Sonam, says brother after she gets bail

      • 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
      169
      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

      Mobile phones go abuzz across country with launch of cell broadcast alert system
      National

      Mobile phones go abuzz across country with launch of cell broadcast alert system

      May 2, 2026
      Commercial establishment can only use 19 kg LPG cylinders
      National

      Commercial LPG price hiked by Rs 993 per 19-kg cylinder

      May 1, 2026
      Meghalaya honeymoon murder case: Family has abandoned Sonam, says brother after she gets bail
      Meghalaya

      Meghalaya honeymoon murder case: Family has abandoned Sonam, says brother after she gets bail

      May 1, 2026
      Will win 226 seats; exit polls predictions made at BJP’s behest to demoralise TMC workers: Mamata
      National

      Will win 226 seats; exit polls predictions made at BJP’s behest to demoralise TMC workers: Mamata

      April 30, 2026
      Exit polls predict BJP win in Assam, edge in Bengal; DMK to return in TN, UDF to take Kerala
      National

      Exit polls predict BJP win in Assam, edge in Bengal; DMK to return in TN, UDF to take Kerala

      April 29, 2026
      ‘Let police investigate Raja murder from all angles’
      Meghalaya

      Honeymoon murder: Indore victim’s kin shocked as Sonam gets bail, seek CBI probe

      April 29, 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
      Mobile phones go abuzz across country with launch of cell broadcast alert system

      Mobile phones go abuzz across country with launch of cell broadcast alert system

      0
      Mobile phones go abuzz across country with launch of cell broadcast alert system

      Mobile phones go abuzz across country with launch of cell broadcast alert system

      May 2, 2026
      Scooty rider attempts to run over cop; Rs 1.5 lakh fines imposed from violators

      Scooty rider attempts to run over cop; Rs 1.5 lakh fines imposed from violators

      May 2, 2026
      Voices against CTI conversion grow louder, NPP’s Sosthenes latest to oppose

      Govt assures structured support for teachers on census duty

      May 2, 2026
      Shopkeeper rescues newborn baby abandoned in EJH

      Call for info on abandoned newborn baby

      May 2, 2026

      Recommended

      Mobile phones go abuzz across country with launch of cell broadcast alert system

      Mobile phones go abuzz across country with launch of cell broadcast alert system

      May 2, 2026
      Scooty rider attempts to run over cop; Rs 1.5 lakh fines imposed from violators

      Scooty rider attempts to run over cop; Rs 1.5 lakh fines imposed from violators

      May 2, 2026
      Voices against CTI conversion grow louder, NPP’s Sosthenes latest to oppose

      Govt assures structured support for teachers on census duty

      May 2, 2026
      Shopkeeper rescues newborn baby abandoned in EJH

      Call for info on abandoned newborn baby

      May 2, 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.