HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 40 of 2025 28 February, 2025 Rampal Singh -Revisionist Versus State of Uttarakhand and Another -Respondents --------------------------------------------------------------------- Presence:- Mr. Navneet Kaushik, Advocate for the Applicant. Mr. Akshay Latwal, Brief Holder for the State. --------------------------------------------------------------------- Hon'ble Alok Mahra, J. The criminal revision is preferred against the impugned order dated 09.01.2025 passed by learned Special Judge, Anti-Corruption/IV Additional Sessions Judge, Dehradun in Misc. Case No. 17 of 2025 (SST No. 27 of 2024), State Vs. Rampal in Case Crime No. 06 of 2020, under Section 13(1)(e) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short “P.C. Act”) and Section 13(1)(b) r/w 13(2) of the Prevention of Corruption Act, 1988, Police Station Vigilance Sector Dehradun, District Dehradun, by which, the learned Court has refused to release the applicant on an application moved by him. 2. Heard learned counsel for the parties and perused the record. 2 3. Learned counsel for the revisionist would submit that the arrest and further remand of the revisionist is bad in the eyes of law because the grounds of arrest have never been communicated to them in writing, as mandated by the Hon’ble Supreme Court, in the case of Pankaj Bansal vs. Union of India and others, (2024) 7 SCC, 576, Prabir Purkayastha Vs. State (NCT of Delhi), (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana and Another, (2025) SCC Online SC 269. Therefore, it is argued that the remand order may be set aside and revisionist may be released forthwith. 4. Learned State counsel would submit that the principle of law that has been laid down in the case of Pankaj Bansal (supra) was pertaining to the provisions of The Prevention of Money-Laundering Act, 2002 (“the PMLA Act”) and in the case of Prabir Purkayastha (supra), the principles are laid down under the provisions of The Unlawful Activities (Prevention) Act, 1967 (“the UAPA Act”). It is argued that those principles cannot be made applicable to the offences under P.C. Act. He would submit that Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“the BNSS, 2023”) is a provision that will be applicable in the instant case. 3 5. In the instant case, the revisionist was arrested and produced before the Magistrate on 27.09.2024. At the time of remand, an argument was raised on behalf of the revisionist that since he was not communicated the grounds of his arrest in writing, the remand should be refused. The Investigating Officer admitted that the reasons of arrest were not communicated to the revisionist in writing instead it was orally informed to him. After hearing the parties, the Magistrate proceeded to remand the revisionist in judicial custody. Bail application was moved which was rejected and after investigation in the matter, charge- sheet has been filed. 6. It is true that in the case of Pankaj Bansal (supra), the offence was punishable under the provisions of the PMLA Act and it is also true that in the case of Prabir Purkayastha (supra) the provisions of the UAPA Act were interpreted by the Hon’ble Supreme Court. 7. It may be made clear that reasons of arrest and grounds of arrest are two different contexts. In the case of Prabir Purkayastha (supra), the Hon’ble Supreme Court has elaborated on that aspect in para 48 as follows:- 4 “48. It may be reiterated at the cost of repetition that there is a significant difference in the phrase “reasons for arrest” and “grounds of arrest”. The “reasons for arrest” as indicated in the arrest memo are purely formal parameters viz. to prevent the accused person from committing any further offence; for proper investigation of the offence; to prevent the accused person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; to prevent the arrested person for making inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to the investigating officer. These reasons would commonly apply to any person arrested on charge of a crime whereas the “grounds of arrest” would be required to contain all such details in hand of the investigating officer which necessitated the arrest of the accused. Simultaneously, the grounds of arrest informed in writing must convey to the arrested accused all basic facts on which he was being arrested so as to provide him an opportunity of defending himself against custodial remand and to seek bail. Thus, the “grounds of arrest” would invariably be personal to the accused and cannot be equated with the “reasons of arrest” which are general in nature.” 8. Generally, there are many safeguards to protect personal liberty of an individual prior to arrest, at the time of arrest or after arrest. One of such safeguards is that the grounds of arrest should be communicated to an arrestee soon after his arrest. Section 47 of the BNSS, 2023 reads as follows:- 5 “47. Person arrested to be informed of grounds of arrest and of right to bail.—(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. (2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.” (emphasis supplied) 9. It would be appropriate to make reference to the provisions of the PMLA Act and the UAPA Act on this aspect. Section 19(1) of the PMLA Act makes provision with regard to communication of the grounds of arrest. It reads as follows:- “19. Power to arrest.—(1) If the Director, Deputy Director, Assistant Director or any other officer authorised in this behalf by the Central Government by general or special order, has on the basis of material in his possession, reason to believe (the reason for such belief to be recorded in writing) that any person has been guilty of an offence punishable under this Act, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest.” (emphasis supplied) 10. Similarly, Section 43-B of the UAPA Act also makes provision in that regard. It reads as under:- “43-B. Procedure of arrest, seizure, etc.—(1) Any officer arresting a person under Section 43-A 6 shall, as soon as may be, inform him of the grounds for such arrest. (2) Every person arrested and article seized under Section 43-A shall be forwarded without unnecessary delay to the officer-in-charge of the nearest police station. (3) The authority or officer to whom any person or article is forwarded under sub-section (2) shall, with all convenient dispatch, take such measures as may be necessary in accordance with the provisions of the Code.” (emphasis supplied) 11. A bare perusal of Section 43 of the BNSS, 2023, Section 19(1) of the PMLA Act and Section 43-B of the UAPA Act make it abundantly clear that these provisions speak of communication of grounds of such arrest. These provisions do not mandate that these grounds should be communicated in writing. 12. There is another Constitutional provision which is applicable in such matters. Article 22(1) of the Constitution of India makes a safeguard in this respect, which reads as follows:- “22. Protection against arrest and detention in certain cases.—(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.” (emphasis supplied) 7 13. The provisions of Article 22(1) of the Constitution of India has been interpreted, in the case of Pankaj Bansal (supra). The Hon’ble Supreme Court observed as follows:- “38. In this regard, we may note that Article 22(1) of the Constitution provides, inter alia, that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest. This being the fundamental right guaranteed to the arrested person, the mode of conveying information of the grounds of arrest must necessarily be meaningful so as to serve the intended purpose. It may be noted that Section 45 PMLA enables the person arrested under Section 19 thereof to seek release on bail but it postulates that unless the twin conditions prescribed thereunder are satisfied, such a person would not be entitled to grant of bail. The twin conditions set out in the provision are that, firstly, the court must be satisfied, after giving an opportunity to the Public Prosecutor to oppose the application for release, that there are reasonable grounds to believe that the arrested person is not guilty of the offence and, secondly, that he is not likely to commit any offence while on bail. To meet this requirement, it would be essential for the arrested person to be aware of the grounds on which the authorised officer arrested him/her under Section 19 and the basis for the officer's “reason to believe” that he/she is guilty of an offence punishable under the 2002 Act. It is only if the arrested person has knowledge of these facts that he/she would be in a position to plead and prove before the Special Court that there are grounds to believe that he/she is not guilty of such offence, so as to avail the relief of bail. 8 Therefore, communication of the grounds of arrest, as mandated by Article 22(1) of the Constitution and Section 19 PMLA, is meant to serve this higher purpose and must be given due importance. 43. The second reason as to why this would be the proper course to adopt is the constitutional objective underlying such information being given to the arrested person. Conveyance of this information is not only to apprise the arrested person of why he/she is being arrested but also to enable such person to seek legal counsel and, thereafter, present a case before the court under Section 45 to seek release on bail, if he/she so chooses. In this regard, the grounds of arrest in V. Senthil Balaji [V. Senthil Balaji v. State, (2024) 3 SCC 51 : (2024) 2 SCC (Cri) 1] are placed on record and we find that the same run into as many as six pages. The grounds of arrest recorded in the case on hand in relation to Pankaj Bansal and Basant Bansal have not been produced before this Court, but it was contended that they were produced at the time of remand. However, as already noted earlier, this did not serve the intended purpose. Further, in the event their grounds of arrest were equally voluminous, it would be well-nigh impossible for either Pankaj Bansal or Basant Bansal to record and remember all that they had read or heard being read out for future recall so as to avail legal remedies. More so, as a person who has just been arrested would not be in a calm and collected frame of mind and may be utterly incapable of remembering the contents of the grounds of arrest read by or read out to him/her. The very purpose of this constitutional and statutory protection would be rendered nugatory by permitting the authorities concerned to merely read out or permit reading of the 9 grounds of arrest, irrespective of their length and detail, and claim due compliance with the constitutional requirement under Article 22(1) and the statutory mandate under Section 19(1) PMLA. 45. On the above analysis, to give true meaning and purpose to the constitutional and the statutory mandate of Section 19(1) PMLA of informing the arrested person of the grounds of arrest, we hold that it would be necessary, henceforth, that a copy of such written grounds of arrest is furnished to the arrested person as a matter of course and without exception.………………………….……………………… ……………………………………………………………….” (emphasis supplied) 14. In the case of Prabir Purkayastha (supra), the principles of law, as laid down in the case of Pankaj Bansal has been followed by the Hon’ble Supreme Court and in para 19 the Hon’ble Court observed as follows:- “19. Resultantly, there is no doubt in the mind of the court that any person arrested for allegation of commission of offences under the provisions of UAPA or for that matter any other offence(s) has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest have to be furnished to the arrested person as a matter of course and without exception at the earliest. The purpose of informing to the arrested person the grounds of arrest is salutary and sacrosanct inasmuch as this information would be the only effective means for the arrested person to consult his advocate; oppose the police custody remand and to seek bail. Any other interpretation would 10 tantamount to diluting the sanctity of the fundamental right guaranteed under Article 22(1) of the Constitution of India.” (emphasis supplied) 15. The first sentence of para 19 has been read over and interpreted by the learned State counsel to argue that the principle of law, as laid down by the Hon’ble Supreme Court in the case of Prabir Purkayastha (supra) relates to the offences under the UAPA Act and the PMLA Act only. 16. This interpretation as given by the learned State counsel is not in consonance with what is held by the Hon’ble Supreme Court in the case of Prabir Purkayastha (supra). The Hon’ble Supreme Court in that case has interpreted the concept of right to life and liberty and in para 20, 21 and 26 observed as follows:- “20. The right to life and personal liberty is the most sacrosanct fundamental right guaranteed under Articles 20, 21 and 22 of the Constitution of India. Any attempt to encroach upon this fundamental right has been frowned upon by this Court in a catena of decisions. In this regard, we may refer to the following observations made by this Court in Roy V.D. v. State of Kerala [Roy V.D. v. State of Kerala, (2000) 8 SCC 590 : 2001 SCC (Cri) 42] : (SCC p. 593, para 7) “7. The life and liberty of an individual is so sacrosanct that it cannot be allowed to be interfered with except under the authority of law. 11 It is a principle which has been recognised and applied in all civilised countries. In our Constitution Article 21 guarantees protection of life and personal liberty not only to citizens of India but also to aliens.” Thus, any attempt to violate such fundamental right, guaranteed by Articles 20, 21 and 22 of the Constitution of India, would have to be dealt with strictly. 21. The right to be informed about the grounds of arrest flows from Article 22(1) of the Constitution of India and any infringement of this fundamental right would vitiate the process of arrest and remand. Mere fact that a charge-sheet has been filed in the matter, would not validate the illegality and the unconstitutionality committed at the time of arresting the accused and the grant of initial police custody remand to the accused. 26. From a holistic reading of various judgments pertaining to the law of preventive detention including the Constitution Bench decision of this Court in Harikisan [Harikisan v. State of Maharashtra, 1962 SCC OnLine SC 117] , wherein, the provisions of Article 22(5) of the Constitution of India have been interpreted, we find that it has been the consistent view of this Court that the grounds on which the liberty of a citizen is curtailed, must be communicated in writing so as to enable him to seek remedial measures against the deprivation of liberty.” 17. In fact, the Hon’ble Supreme Court read the provisions of Article 22(1) and 22(5) of the Constitution of India regarding the communication of grounds of arrest and held that these grounds are 12 identical. The Hon’ble Supreme Court has further observed as follows:- “28. The language used in Article 22(1) and Article 22(5) of the Constitution of India regarding the communication of the grounds is exactly the identical. Neither of the constitutional provisions require that the “grounds” of “arrest” or “detention”, as the case may be, must be communicated in writing. Thus, interpretation to this important facet of the fundamental right as made by the Constitution Bench while examining the scope of Article 22(5) of the Constitution of India would ipso facto apply to Article 22(1) of the Constitution of India insofar as the requirement to communicate the grounds of arrest is concerned. 45. We are of the firm opinion that once this Court has interpreted the provisions of the statute in context to the constitutional scheme and has laid down that the grounds of arrest have to be conveyed to the accused in writing expeditiously, the said ratio becomes the law of the land binding on all the courts in the country by virtue of Article 141 of the Constitution of India.” 18. The Hon’ble Apex Court in Vihaan Kumar Vs. State of Haryana and Another, (2025) SCC Online SC 269, have reiterated the decision passed in the case of Pankaj Bansal (supra). Paragraph Nos. 14, 15 and 16 of the said judgment are extracted hereinunder:- “14. Thus, the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory constitutional requirement. Article 22 is included in Part III of 13 the Constitution under the heading of Fundamental Rights. Thus, it is the fundamental right of every person arrested and detained in custody to be informed of the grounds of arrest as soon as possible. If the grounds of arrest are not informed as soon as may be after the arrest, it would amount to a violation of the fundamental right of the arrestee guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty. The reason is that, as provided in Article 21, no person can be deprived of his liberty except in accordance with the procedure established by law. The procedure established by law also includes what is provided in Article 22(1). Therefore, when a person is arrested without a warrant, and the grounds of arrest are not informed to him, as soon as may be, after the arrest, it will amount to a violation of his fundamental right guaranteed under Article 21 as well. In a given case, if the mandate of Article 22 is not followed while arresting a person or after arresting a person, it will also violate fundamental right to liberty guaranteed under Article 21, and the arrest will be rendered illegal. On the failure to comply with the requirement of informing grounds of arrest as soon as may be after the arrest, the arrest is vitiated. Once the arrest is held to be vitiated, the person arrested cannot remain in custody even for a second. 15. We have already referred to what is held in paragraphs 42 and 43 of the decision in the case of Pankaj Bansal1. This Court has suggested that the proper and ideal course of communicating the grounds of arrest is to provide grounds of arrest in writing. Obviously, before a police officer communicates the grounds of arrest, the grounds of arrest have to be formulated. Therefore, there is no harm if the grounds of arrest are communicated in writing. Although there is no requirement to communicate the grounds of arrest in writing, what is stated in paragraphs 42 and 43 of the decision in the case of Pankaj Bansal1 are suggestions that merit consideration. We are aware that in every case, it may 14 not be practicable to implement what is suggested. If the course, as suggested, is followed, the controversy about the non-compliance will not arise at all. The police have to balance the rights of a person arrested with the interests of the society. Therefore, the police should always scrupulously comply with the requirements of Article 22. 16. An attempt was made by learned senior counsel appearing for 1st respondent to argue that after his arrest, the appellant was repeatedly remanded to custody, and now a chargesheet has been filed. His submission is that now, the custody of the appellant is pursuant to the order taking cognizance passed on the charge sheet. Accepting such arguments, with great respect to the learned senior counsel, will amount to completely nullifying Articles 21 and 22(1) of the Constitution. Once it is held that arrest is unconstitutional due to violation of Article 22(1), the arrest itself is vitiated. Therefore, continued custody of such a person based on orders of remand is also vitiated. Filing a charge sheet and order of cognizance will not validate an arrest which is per se unconstitutional, being violative of Articles 21 and 22(1) of the Constitution of India. We cannot tinker with the most important safeguards provided under Article 22.” 19. What is observed by the Hon’ble Supreme Court in para 45 in the case of Prabir Purkayastha (supra) is the law of land. Reading the statutory provisions in context of the Constitutional Scheme as envisaged under the Article 22(1) of the Constitution of India makes it abundantly clear that the Hon’ble Supreme Court has laid down the law that the grounds of arrest have to be conveyed to the accused in writing. It cannot be said 15 that this law, as laid down by the Hon’ble Supreme Court is applicable only to the cases pertaining to the UAPA Act and the PMLA Act. As stated, it is applicable to every offence in view of the Constitutional Scheme. In the instant case, admittedly, the grounds of arrests have not been communicated to the revisionist in writing. Learned State Counsel further argued that the custody of the appellant is pursuant to the order taking cognizance passed on the charge-sheet. 20. Accepting such arguments, with great respect to the learned State Counsel, will amount to completely nullifying Articles 21 and 22(1) of the Constitution. Once it is held that arrest is unconstitutional due to violation of Article 22(1), the arrest itself is vitiated. Therefore, continued custody of such a person based on orders of remand is also vitiated. Filing a charge sheet and order of cognizance will not validate an arrest which is per se unconstitutional, being violative of Articles 21 and 22(1) of the Constitution of India. We cannot tinker with the most important safeguards provided under Article 22.” 21. Therefore, the arrests and subsequent remands are not in accordance with law. The impugned remand 16 orders are, therefore, deserve to be set aside. Accordingly, the criminal revision deserves to be allowed. 22. Accordingly, the criminal revision is allowed. 23. The arrest and remand of the revisionist are invalid. As a consequence, the order dated 09.01.2025 passed by learned Special Judge, Anti- Corruption/IV Additional Sessions Judge, Dehradun in Misc. Case No. 17 of 2025 (SST No. 27 of 2024), State Vs. Rampal in Case Crime No. 06 of 2020 is set-aside and the revisionist be released on bail. 24. Accordingly, without expressing any opinion on the merit of the case, the revisionist be released on bail, on furnishing his personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. (Alok Mahra, J.) 28.02.2025 Ujjwal