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  Supreme Court Upholds Fundamental Right to Be Informed of Arrest Grounds Author: Abhishek Jat, Advocate In a landmark ruling reinforcing constitutional protections against arbitrary detention, the Hon’ble Supreme Court of India has reiterated the fundamental right of every arrested individual to be informed of the grounds for their arrest. Delivered on February 7, this judgment underscores the significance of due process and procedural fairness as enshrined under Article 22(1) of the Constitution of India. The ruling emphasizes that any deviation from this constitutional mandate vitiates the arrest and can have significant legal consequences, including the grant of bail even in cases where statutory restrictions apply. A division bench comprising Justices Abhay S. Oka and N. Kotiswar Singh delved into the essential safeguards provided by Article 22(1) of the Constitution and the procedural requirements stipulated under the Code of Criminal Procedure, 1973 (CrPC). The Court ...

  Supreme Court Upholds Fundamental Rights, Quashes Illegal Arrest in Landmark Ruling By Abhishek Jat, Advocate In a landmark judgment, the Supreme Court of India delivered a powerful ruling in the case of  Vihaan Kumar v. State of Haryana , emphasizing the critical importance of adhering to constitutional safeguards during arrests and custodial procedures. The appellant, Vihaan Kumar, was arrested in connection with a financial fraud case under various sections of the Indian Penal Code (IPC), including Sections 409, 420, 467, 468, 471, and 120-B. The arrest, which took place on June 10, 2024, was challenged on the grounds that the appellant was not informed of the reasons for his arrest, a clear violation of his fundamental right under Article 22(1) of the Constitution. Article 22(1) mandates that every arrested person must be informed of the grounds of arrest “as soon as may be,” ensuring transparency and fairness in the arrest process. The appellant contended that this c...

  Man in Live-In Relationship with His Married Sister Cannot File Habeas Corpus Petition: Rajasthan High Court By Abhishek Jat, Advocate   Introduction The Rajasthan High Court recently dismissed a habeas corpus petition filed by a man who claimed to be in a live-in relationship with a married woman. The Court ruled that there exists no fundamental right allowing a person to engage in a live-in relationship with a woman legally wedded to another man, especially when the woman in question appears to be his own sister. The Division Bench of Justices Madan Gopal Vyas and Shree Chandrashekhar observed that the petitioner had no legal standing to invoke the writ of habeas corpus under such circumstances. Factual Background In this case, the petitioner sought a directive from the State authorities to produce ‘X,’ a 32-year-old married woman who had filed for divorce on the grounds of cruelty. The petitioner claimed that ‘X’ had left her husband and was in a live-in relat...