Supreme Court Requires Magistrate's Sanction Before Re-Arrest in Article 22 Violation Cases

The Supreme Court has introduced strict procedural safeguards to prevent police from re-arresting individuals whose earlier detention was found to be illegal. In a judgment delivered on Monday, a Bench headed by Justice Ujjal Bhuyan held that police must obtain specific sanction from the concerned Judicial Magistrate before attempting a second arrest of a person whose prior arrest was declared unlawful for breaching rights under Article 22(1) of the Constitution.

Article 22(1) ensures that no arrested person can be held in custody without being informed of the grounds for arrest, and guarantees the right to be defended by a counsel of choice.

Under the new requirements, the police must apply to the Magistrate with recorded reasons for seeking the arrest. The application must be supported by a senior police officer. The court said these steps would ensure that the decision to re-arrest is not left to the sole discretion of the officer who attempted the first arrest. The application must also explain why Article 22(1) was not complied with during the initial arrest.

The Bench further stated that disciplinary action may be initiated against the officer responsible for the first arrest made in violation of Article 22(1) rights. It also clarified that the protections under the Article apply across all statutes.