Allahabad High Court Criticizes Police for Ignoring Grounds of Arrest in Routine Practice

The Allahabad High Court has raised significant concerns regarding the police’s failure to provide grounds for arrest to accused individuals, labeling it as a troubling trend that has become a common practice. Justice Arun Kumar Singh Deshwal, in a ruling delivered on May 22, emphasized that this neglect contravenes established directives from the Supreme Court. The court’s comments came during the case of Sandeep Baisoya, who was granted bail after being in custody since January 13 on murder charges.

Baisoya’s petition revealed that he was neither informed about the reasons for his arrest nor was a disclosure memo prepared when he was escorted to recover a country-made pistol. This lack of procedural adherence has raised alarms about the erosion of legal safeguards afforded to individuals in custody.

The Supreme Court had previously reinforced the necessity of providing grounds for arrest in a ruling from November, confirming that this obligation applies to all offenses under the Indian Penal Code and the Bharatiya Nyaya Sanhita. The Supreme Court described this requirement as a “mandatory binding constitutional safeguard,” underscoring its importance in protecting individual rights during the legal process.

In response to Baisoya’s allegations, representatives of the Uttar Pradesh government did not dispute the claim that he had not received the grounds for his arrest. Moreover, they failed to clarify whether a disclosure memo had been prepared, which is a standard operating procedure in such cases. The absence of these documents raises serious questions about the adherence to legal protocols by law enforcement agencies.

This situation reflects a broader issue in India regarding the treatment of individuals under arrest, where procedural norms are frequently overlooked. The Allahabad High Court’s observations serve as a crucial reminder of the need for law enforcement to uphold constitutional rights, ensuring that every accused person is treated fairly and justly, in accordance with the law.

Source: scroll.in