Supreme Court Mandates Magistrate Approval For Re-Arrest After Article 22 Breach

The Supreme Court on Monday laid down safeguards governing the re-arrest of an accused whose initial arrest was declared illegal for violation of the constitutional right to be informed of the grounds of arrest under Article 22(1).

A bench of Justices Ujjal Bhuyan and Atul Chandurkar held that police cannot independently re-arrest such a person. According to Live Law, the investigating agency must first submit an application before the concerned Judicial Magistrate seeking permission for re-arrest.

Written grounds required before re-arrest

The application can be filed only after the accused has been furnished the grounds of arrest in writing. It must also carry the endorsement of the immediate superior of the officer who made the initial arrest and explain why the grounds were not supplied at the first instance.

The Court said the Magistrate must be satisfied that there were bona fide reasons for the initial failure and that re-arrest is necessary before granting permission.

Justice Bhuyan observed that once Article 22(1) is breached, the power to re-arrest cannot remain with the same authority responsible for the violation and must be subject to judicial oversight.

The Court also ordered departmental proceedings against officers responsible and directed that the investigation be transferred to another officer.