Posts

Showing posts with the label Article 22

Supreme Court Confirms Shivani Agarwal’s Bail, Mandates Written Grounds of Arrest in All Cases

Image
In a significant ruling that strengthens constitutional protections for the accused, the Supreme Court of India has reiterated that failure to furnish written grounds of arrest to an accused person renders both the arrest and subsequent remand illegal . The judgment also confirmed the bail of Shivani Agarwal , who was arrested in connection with the high-profile Pune Porsche crash case . Case Background: Pune Porsche Crash and Allegations The case stems from the May 19, 2024 , Pune incident where a minor , while driving a Porsche allegedly owned by his father, ran over and killed two IT professionals — Aneesh Awadhiya and Ashwini Koshta . The incident triggered nationwide outrage over reckless driving and alleged procedural lapses during investigation. The minor’s mother, Shivani Agarwal , was arrested for allegedly tampering with her son’s blood samples to shield him from legal consequences. She had been in judicial custody for over ten months before the Supreme Court granted a...

Supreme Court Mandates Written Grounds of Arrest in All Cases: A Milestone in Constitutional Safeguards

Image
In a historic expansion of constitutional protections, the Supreme Court of India has held that every person arrested — regardless of the nature of the offence or the statute under which the arrest is made — must be furnished with written grounds of arrest . The ruling marks a critical evolution in Indian criminal jurisprudence, strengthening Articles 21 and 22 of the Constitution, and preventing arbitrary and unlawful detention by law enforcement agencies. Bench and Background A division bench comprising Chief Justice of India Bhushan R. Gavai and Justice A.G. Masih delivered the ruling. The case arose during the hearing of a petition filed by Mihir Shah , the accused in the July 2024 Worli BMW hit-and-run case , who contended that he was not supplied with written grounds for his arrest. While the Court clarified that its ruling would not interfere with the Bombay High Court’s order upholding Shah’s arrest, it used the occasion to address a broader constitutional issue — w...

Supreme Court Reaffirms: Every Arrestee Must Be Informed of Grounds of Arrest — Vihaan Kumar v. State of Haryana

Image
Introduction: Strengthening the Shield of Liberty In a landmark judgment delivered in Vihaan Kumar v. State of Haryana (2025 INSC 162), the Supreme Court of India reaffirmed one of the most vital constitutional guarantees — the right of every person to be informed of the grounds of arrest . Authored by Justice Abhay S. Oka and Justice Nongmeikapam Kotiswar Singh, the judgment reinforces Article 22(1) of the Constitution and clarifies the procedural obligations of law enforcement agencies during arrest. Case Background The petitioner, Vihaan Kumar , challenged his arrest by the Haryana Police, alleging that he was not informed of the reasons for his detention. He argued that such omission violated his fundamental right under Article 22(1) of the Constitution and Section 50 of the Code of Criminal Procedure (CrPC) , which together safeguard a person’s liberty during the process of arrest. The respondent State maintained that the arrest was legally conducted and that the petitio...