Not Informed Of Arrest Grounds| Supreme Court To Hear Karnataka Police Plea On Custody Denial In Murder Case
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Today, On 26th June ,The Supreme Court has agreed to hear Karnataka Police’s plea against a High Court order that denied custody remand of a murder accused, observing he was “not informed of the grounds” for his arrest.
The Supreme Court agreed to hear a plea from the Karnataka Police regarding a high court order that denied custody remand for an accused in a murder case, stating he was not informed of the grounds for his arrest.
A bench comprising Justices K.V. Viswanathan and N. Kotiswar Singh acknowledged that the matter deserved further examination.
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The bench remarked,
“The matter requires consideration. Issue notice on the special leave petition and on the application for stay,”
In its order dated April 17, the high court overturned the trial court’s remand decision from February 17, 2023, and mandated the man’s release from custody, subject to specific conditions.
The apex court has issued a notice to the accused, who was arrested in a murder case in Hassan district on February 17, 2023, to respond to the police’s plea.
Senior advocate Sidharth Luthra represented the police in the proceedings.
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The bench pointed out that a separate case concerning the issue of arrest grounds is pending, with a verdict reserved on April 22.
The bench stated,
“The outcome of this judgement (on separate petition) will have a bearing on finally deciding this matter. Place this matter for further consideration on July 18,”
Luthra emphasized that many cases are awaiting resolution in the high court, where the current order may be cited as a precedent.
The bench responded,
“You show this order to the high court. We are waiting for this; they should also wait.”
The high court’s ruling indicated that the petitioner was not provided with any “worthwhile particulars, as soon as may be, upon his arrest,” nor was there compliance with the requirement to communicate the grounds of arrest in writing, as established in subsequent judgments since that time.
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The Supreme Court will also address whether it is necessary to inform an accused of the grounds for arrest in every case, including those under the previous IPC, either before or immediately after the arrest.
Additionally, it will consider if an arrest could be invalidated due to non-compliance with Section 50 of the former CrPC, which mandates that a person arrested be informed of the grounds for their arrest and their right to bail.
