The Bombay High Court expressed severe displeasure over police failing to inform accused individuals of the “grounds of arrest,” despite legal mandates and a circular issued by the Thane Police Commissioner (CP) pursuant to an earlier HC order. The court quashed the arrest of Riya Arvind Barde, who was accused of forgery, fraud, and violating the Foreigners Act, after her September 2024 arrest was found to be in gross violation of Articles 21 and 22(1) of the Constitution. These provisions protect life and personal liberty and require that arrested individuals be informed of the reasons for their arrest promptly.
Barde’s Advocate Rishi Bhuta, argued that failing to inform her of the grounds for arrest deprived her of the ability to oppose custody effectively. A bench of Justices Bharati Dangre and Manjusha Deshpande said: “The purpose of informing the arrested person the grounds of his arrest is salutary and sacrosanct.”
Barde was arrested by Hill Line Police Station in Ulhasnagar based on allegations that she and her family are allegedly Bangladeshi and used forged documents to claim Indian citizenship. While the police affidavit claimed compliance with the law, including providing a copy of the arrest panchanama and informing her rights in the presence of panchas, the court found inconsistencies.
Senior Police Inspector Sachin Gaikwad admitted in his affidavit that the CP’s circular had been received and claimed that Barde was arrested after her role surfaced during investigation.
The court noted it did not have any “qualms” about the statement in the affidavit that they arrested Barde after her role surfaced, however, it asked whether the mandate of law was followed before arresting her. “We have an officer who has categorically informed us that the circular from the Commissioner of Police is received, but probably he has failed to read it, and that is why he has not implemented it,” the court noted.
The HC also emphasised that officers cannot claim ignorance of law, as this amounts to dereliction of duty. Highlighting repeated lapses, the court remarked, “Despite several directives, officers claim ignorance or fail to follow them. This indiscipline cannot be excused."
Quashing Barde’s arrest, the HC directed her immediate release on bail, stating, “The arrest of the Petitioner is in gross infraction of her fundamental right under Article 22(1), as the grounds of arrest were not communicated in writing.” It further directed the Thane CP to issue a show-cause notice to the concerned officer and take appropriate disciplinary action, asserting that compliance with court directives is non-negotiable: “If the highest Court of this Country has laid down a law, then everyone is bound by it, and there can be no excuse."
