UP Government Assures Allahabad HC: Arrests to Be Made with Clear Reasons

The Uttar Pradesh Government has assured the Allahabad High Court that it will ensure arrests are made with clear reasons and grounds provided to the arrestee. Additional Advocate General Vinod Kumar Shahi confirmed that he has instructed the State's top police officials to follow Supreme Court guidelines from the case 'Mihir Rajesh Shah Vs. State of Maharashtra'.

A bench of Justices Abdul Moin and Pramod Kumar Srivastava considered a Habeas Corpus Writ plea challenging an arrest and remand. The petitioner, Santosh Gupta, was arrested without being given the grounds for arrest in writing at least 2 hours before his production before the Magistrate, as per the Supreme Court's directive in 'Mihir Rajesh Shah'. The bench allowed the plea, declaring the arrest illegal and setting aside the remand order.

Upon release, Gupta cannot be rearrested unless wanted in another case. The Government has committed to ensuring future arrests comply with the Bail Notices Service Scheme (BNSS), 2023. Recently, the same bench awarded Rs. 10 Lakh compensation to Manoj Kumar for illegal arrest and detention due to the State's failure to provide written grounds of arrest, violating his fundamental rights under Article 22(1) of the Indian Constitution.