Guwahati: The Gauhati High Court has reprimanded the Assam Police for routinely issuing arrest notices that fail to provide arrestees with the actual grounds for their detention, as mandated by law.
In a recent order, the court granted bail to Sakib Choudhury, an accused in a financial fraud case, citing a clear violation of his constitutional and statutory rights.
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Justice Mridul Kumar Kalita, in his order dated March 7, 2025, highlighted a “concerning practice” where police officers, despite issuing notices under Section 47 of the Bharatiya Nyaya Sanhita (BNSS), 2023, merely state the police station case number and the legal provisions involved, without detailing the specific grounds for arrest.
The case in question involved Sakib Choudhury, who was arrested on January 19, 2025, in connection with Mangaldai P.S. Case No. 14/2025, relating to alleged financial fraud.
Choudhury’s counsel argued that his arrest was vitiated due to non-compliance with Article 22(1) of the Constitution of India and Section 47 of the BNSS, 2023, which require arrestees to be informed of the grounds of their arrest “as soon as may be” and “forthwith,” respectively.
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The court observed that the notice served to Choudhury, and indeed in most cases, lacked the “full particulars of the offence” and “basic facts” that necessitated his arrest.
Justice Kalita observed that merely informing an individual of their arrest is distinct from communicating the grounds for such arrest, citing Supreme Court rulings that underscore the “sacrosanct” nature of these rights.
“These notices serve merely as an intimation of arrest rather than fulfilling the legal requirement of providing the actual grounds for it,” Justice Kalita stated in his order.
The court granted Choudhury bail for Rs. 50,000 with two sureties, subject to several conditions, including cooperation with the investigation and regular appearances before the investigating officer.
Further, the High Court directed the Assam Chief Secretary and the Director General of Police (DGP), to ensure that future arrest notices under Section 47 of the BNSS, 2023, or any other relevant law, clearly state the grounds of arrest, including the full particulars of the offence and the basic facts necessitating the arrest.
The court also ordered that copies of the order be provided to the Director of the Judicial Academy, Assam, to raise awareness among judicial magistrates about their duty to verify compliance with Article 22 of the Constitution before ordering judicial or police custody.