Not providing written grounds for arrest violates constitutional rights: HC
Lucknow, May 2 -- The Lucknow bench of the Allahabad High Court, while allowing a habeas corpus petition, declared the arrest and subsequent detention of a man illegal and ordered his immediate release.
The HC found that the police officers had not provided written grounds to the man at the time of arrest. The court considered this a "gross violation" of the Supreme Court's orders and imposed a fine of Rs 10 lakh on the Uttar Pradesh government. The court directed the state government to pay this amount to the petitioner within four weeks and also granted the government the liberty to recover it from the erring officials.
A division bench of Justicesl Abdul Moin and justice Pramod Kumar Srivastava delivered the ruling on April 29 on the petition filed by Manoj Kumar through his son Mudit Kumar, who was arrested in Unnao. The petition challenged the arrest process as being against the intent of the law. The court noted that since the Supreme Court's November 6, 2025, judgment in the Mihir Rajesh Shah case, it is mandatory for authorities to provide the grounds for arrest in writing.
Actually, the petitioner Manoj Kumar was arrested on 27 January 2026 in connection with a case registered at Asiwan police station in district Unnao.
The arrest memo only listed the crime number of the case in the "reason for arrest" column. Subsequently, on January 28, 2026, the magistrate granted the accused's remand. The petitioner challenged his arrest and detention in the High Court, arguing that he was not informed in writing of the grounds for his arrest, which violated a mandatory constitutional safeguard.
The state government submitted a personal counter-affidavit from the Additional Chief Secretary (Home) in the case, stating that prompt action was being taken by the state authorities, but it did not explain why damages for illegal confinement should not be imposed.
The High Court allowed the habeas corpus petition and declared Manoj Kumar's arrest illegal, quashing the remand order dated January 28, 2026. The Court ordered the petitioner's immediate release, provided he is not wanted in any other case. The HC also imposed a fine of ten lakh rupees on state authorities for illegal confinement of more than three months.
MANOJ KUMAR SINGH...
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