Cops not disclosing grounds of arrest in writing must be suspended, says high court
PRAYAGRAJ, Jan. 25 -- Observing that failure to disclose specific grounds of arrest in the arrest memo will amount to dereliction of duty, the Allahabad high court has directed that errant cops must be suspended.
Allowing a habeas corpus writ petition on January 22, the court directed that the petitioner be set free and that any police officer in the state who fails to disclose specific grounds of arrest in the arrest memo shall be liable for departmental proceedings also.
Allowing the writ petition of one Umang Rastogi and another, a division bench of Justice Siddharth and Justice Jai Krishna Upadhyay observed, "Empty compliance of the law by merely filling out forms without substance amounts to a dereliction of duty." "It is high time that the police officials, who are not complying the requirements of the arrest memo and violating the constitutional mandate provided under Article 22(1) of the constitution of India and further violating section 50 and 50A criminal procedure code (CrPC), which is now section 47, 48 and Bhartiya Nyaya Suraksha Sanhita (BNSS) should be sternly dealt with," the court observed.
Umang Rastogi and another moved the high court challenging the arrest and subsequent remand order passed by a civil judge in GB Nagar. Relying on the SC's Mihir Rajesh Shah judgment, which held that grounds of arrest must be furnished to the arrestee in writing, the high court declared the arrest and the remand order dated Dec 27, 2025, null and void. htc...
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