SC mandates judicial approval for re-arrest after Article 22 violation

The Supreme Court Division Bench of Justices Ujjal Bhuyan and A.S. Chandurkar has laid down fresh constitutional safeguards for re-arrest following violations of Article 22 of the Constitution. The ruling addresses cases where an accused has suffered breaches of both Article 22(1) and Article 22(2).

The Court held that Article 22(1)—requiring written grounds of arrest furnished in the accused's language—is mandatory and not merely procedural. Breach renders an arrest unconstitutional, entitling immediate release from illegal detention. After such release, investigating agencies cannot independently decide to re-arrest; they must first obtain judicial approval from a Magistrate with documented reasons and superior authority endorsement.

Similarly, the 24-hour requirement under Article 22(2) is non-negotiable. Detention beyond this without Magistrate production violates the Constitution. Subsequent charge-sheets or cognizance cannot validate unconstitutional arrests. These safeguards strengthen constitutional protections governing arrest procedures.