Can Arrest And Remand Be Legal Without Informing The Grounds Of Arrest In Writing: A Case Note On Prabir Purkayastha V. State (NCT Of Delhi)
- IJLLR Journal
- Jun 24
- 1 min read
Maynoor, Faculty of Law, Jamia Millia Islamia
ABSTRACT
This Document contains the case Note on Prabir Purkayastha v. state of NCT of Delhi. In this Case the Supreme court of India quashed the arrest and remand of Prabir purkayastha under the unlawful Activities (prevention) Act, 1967 holding that the failure to provide the grounds of arrest in writing at the time of arrest and before remand violated Articles 22 (1) and 22 (5) of constitution of India and held Communication of the grounds of arrest is the fundamental rights of accused person under the above Articles. The Case Note comprises of the Introduction & Background, Legal Issues, Reasoning and Decisions of the Court, Analysis of the case and at the end Concluding Remarks. The judgement sends a clear message that the National Security Concerns can’t override the constitutional Rights of Written communication of grounds of arrest even in cases involving serious allegations in UAPA, the Rule of Law and due process must be followed.
Keywords: Written Communication, UAPA, Liberty, Arrest. Constitution.
