HC says compulsory to serve grounds of arrest in writing to arrestee
This story was originally published at 16:23 IST on 20 February 2025
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NEW DELHI – The Delhi High Court on Thursday said that in light of the Supreme Court's earlier verdicts, there was no doubt that the requirement of serving grounds of arrest in writing to an arrestee was compulsory and unquestionable regardless of whether an arrest has been made under the Prevention of Money Laundering Act, 2002, the Unlawful Activities (Prevention) Act, 1967, or under any other criminal statute. The high court quashed the arrest of three members of United National Liberation Front and ordered their release from judicial custody, subject to furnishing personal bond of INR 50,000 each with two local sureties for a like amount.
On Oct. 3, 2023, while dealing with a money laundering case, the top court had held that the grounds of arrest should be given to the arrestee in writing. Further, on May 5, 2024, the top court had said that its interpretation in 2023 verdict on the aspect of informing the arrested person the grounds of arrest in writing has to be applied "pari passu" to a person arrested in a case registered under the provisions of the Unlawful Activities (Prevention) Act.
On Thursday, the high court said the ratio of the apex court's 2023 verdict would apply to arrests under the Unlawful Activities (Prevention) Act and other criminal offences from the date of pronouncement of judgment on Oct. 3, 2023 and not from the date of May 5, 2024, which was the latter verdict.
The petitioners Thokchom Shyamjai Singh, Laimayum Anand Sharma, and Ibomcha Meite were chief of army, chief of intelligence, and active member of the United National Liberation Front, respectively. The National Investigation Agency had arrested them on Mar. 13, 2024 for spearheading terrorist activities of the United National Liberation Front by raising funds for the organisation by resorting to extortion. The agency had said that the petitioners were also recruiting cadres and procuring weapons to foment violence in the state of Manipur, by fanning ethnic strife. The petitioners had said that they were not served grounds of arrest in writing by the agency. End
Reported by Surya Tripathi
Edited by Ashish Shirke
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