Informing accused grounds of arrest: SC agrees to hear Karnataka's plea against HC order
A bench of Justices K V Viswanathan and N Kotiswar Singh said the matter required consideration.
"The matter requires consideration. Issue notice on the special leave petition and on the application for stay," the bench said.
In its April 17 order, the high court set aside the trial court's remand order passed on February 17, 2023 and directed the man's release from custody subject to certain conditions.
The apex court issued notice to the man, arrested on February 17, 2023 in a murder case in Hassan district, for his response on the plea.
Senior advocate Sidharth Luthra appeared for the police.
The bench noted that in a separate plea over the issue of grounds of arrest, the apex court reserved its verdict on April 22.
"The outcome of this judgement will have a bearing on finally deciding this matter. Place this matter for further consideration on July 18," the bench said.
Luthra said a large number of cases were pending before the high court, where it was likely that the order under challenge before the apex court in the present case would be cited as a precedent.
"You show this order to the high court. We are waiting for this, they should also wait," the bench told Luthra.
The high court order noted the petitioner was not informed any "worthwhile particulars, as soon as may be, upon his arrest", let alone the satisfaction of the requirement of communication in writing the grounds as postulated in subsequent judgments pronounced since the arrest.
The top court would consider in the separate plea, in which verdict was reserved on April 22, whether in each and every case, even arising out of an offence under the erstwhile IPC, would it be necessary to furnish grounds of arrest to an accused either before arrest or forthwith after arrest.
It would also consider whether, even in exceptional cases, where on account of certain exigencies it will not be possible to furnish the grounds of arrest either before arrest or immediately after arrest, the arrest would be vitiated on the ground of non-compliance with the provisions of section 50 of the erstwhile CrPC.
Section 50 of the CrPC deals with person arrested to be informed of grounds of arrest and of right to bail.
This article was generated from an automated news agency feed without modifications to text.
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