The Delhi High Court has directed the Commissioner of Police to revise the arrest memo format to include a column for stating the grounds of arrest. The decision came in response to a plea challenging an arrest where reasons for detention were not communicated.
Court Highlights Violation of CrPC
Justice Dinesh Kumar Sharma issued the order while examining the plea. The petitioner argued that the lack of information on the grounds of arrest violated Section 50 of the Code of Criminal Procedure (CrPC). The Court reviewed the existing arrest memo format and found no provision for documenting these details.
The Court stressed that the omission undermines a fundamental safeguard against arbitrary detention. It reiterated the importance of informing arrested individuals about the grounds of arrest promptly and in writing, as mandated by law.
Updating Arrest Memo Format
In its observation, the Court noted an urgent need to update the arrest memo forms. It directed the Commissioner of Police, Delhi, to ensure the inclusion of a column for the grounds of arrest. This amendment is intended to uphold the constitutional right to liberty and enhance transparency in legal procedures.
Importance of Grounds for Arrest
The Court emphasized that providing the grounds for arrest is a critical safeguard under the Constitution. This information enables arrested persons to seek legal counsel, challenge remand orders, and apply for bail effectively.
In the case at hand, the Court declared the arrest illegal due to the failure to state the reasons in the arrest memo. It highlighted that such disclosure is not a mere procedural formality but a cornerstone of individual liberty.
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