SC alarmed by Karnataka HC's retro use of 'grounds of arrest' order
NEW DELHI:
Supreme Court
on Thursday realised that its well-meaning rulings could cause huge complications in criminal law processes as it found that Karnataka high court had released a murder accused two years after his arrest as police had not informed him in writing the grounds of arrest as mandated by SC in Oct 2023.
Appearing for Karnataka govt, senior advocate Sidharth Luthra told a bench led by Justice K V Viswanathan that SC rulings operate prospectively unless specifically directed for its retrospective application. He said the man was arrested on Feb 17, 2023, and was remanded to custody the same day in a
murder case
. The chargesheet has been filed and he is facing trial, Luthra said.
However, nearly one-and-a-half years after SC in Pankaj Bansal case ruled on Oct 3, 2023 that investigating agencies must communicate in writing the grounds of arrest to the person being taken into custody, the murder accused moved Karnataka HC on March 22 this year questioning his arrest due to non-communication of the grounds of arrest in writing by relying on the SC ruling.
Relying on subsequent rulings of SC reiterating the principle enunciated in Pankaj Bansal case, HC quashed his arrest but asked him to appear before the investigating officer, cooperate in the probe, not to threaten or tamper with witnesses, not to get involved in similar offences and not to leave the territory of the police station of Arsikere town without IO's permission.
Justice Viswanathan said this could have a huge repercussion on thousands of arrests by police across states prior to pronouncement of the judgment in Pankaj Bansal case.
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"We are worried such a course of action, as adopted by Karnataka HC, will have a nation-wide implication and thousands of accused, arrested prior to Oct 3, 2023, may rush to courts seeking annulment of their arrests," he said.
The bench noted that a similar question was pending judgment before a bench led by CJI B R Gavai, which had reserved verdict two months ago on April 22 on a petition filed by Mihir Rajesh Shah who had challenged his arrest alleging that the grounds of arrest were not communicated to him in writing by police.
CJI Gavai and Justice A G Masih had raised two questions: Whether in every IPC case, it is mandatory to furnish grounds of arrest before or immediately after the arrest. And, whether the mandate could be optional in exceptional cases where it is impossible to provide grounds of arrest immediately on arrest.
Referring to Mihir Shah's case, Justice Viswanathan said since the judgment could be expected after July 15 and could lay down guidelines regarding communication of grounds of arrest, it would be better to post the Karnataka case for hearing on July 18.
Justice Viswanathan's apprehension was fully reflected in CJI Gavai's views, as before reserving verdict in Mihir Shah's case, he had observed, "Imagine someone is shooting people in public. Should police take him into custody or wait to prepare grounds of arrest to be served on him prior to that? Our judgments (making it mandatory for police to furnish grounds of arrest in writing) have been grossly misused."
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