The Supreme Court of India has ruled that any arrest where written grounds are not provided in a language the arrestee understands is unconstitutional and the ensuing remand becomes illegal. The judgment emphasises that mere narration of grounds in a foreign or unfamiliar language violates the protections under Articles 21 (protection of life and personal liberty) and 22 (rights of an arrested person) of the Indian Constitution.
Fundamental Right to Comprehend Charges
A bench led by Justice B.R. Gavai CJI and Justice Augustine George Masih held that the objective of Article 22(1) is to ensure the arrestee can understand the allegations, consult a lawyer and effectively challenge custody. A written statement in a language the person cannot comprehend renders this safeguard meaningless. The Court clarified that reading out grounds in another language does not satisfy the constitutional mandate.
“The grounds of arrest must be provided to the arrestee in such a manner that sufficient knowledge of facts constituting grounds is imparted and communicated to the arrested person effectively in a language which he/she understands. The mode of communication ought to be such that it must achieve the intended purpose of the constitutional safeguard. The objective of the constitutional mandate would not be fulfilled by mere reading out the grounds to the arrested person, such an approach would be antithesis to the purpose of Article 22(1). There is no harm in providing the grounds of arrest in writing in the language the arrestee understands, this approach would not only fulfil the true intent of the constitutional mandate but will also be beneficial for the investigating agency to prove that the grounds of arrest were informed to the arrestee when a challenge is made to the arrest on the plea of non-furnishing of the grounds of arrest.”, the court said.
Broader Implications for Due Process
The verdict applies to all arrests, not only under special laws like the UAPA or PMLA but under every statute. Legal practitioners are advised to verify that arresting authorities provide written grounds in the arrestee’s language at or before the remand application. Non-compliance opens the door for the accused to challenge the legitimacy of the arrest, remand and any subsequent detention.
