The Supreme Court has stressed on the importance of the Fundamental right to life and personal liberty. It stated that people detained under the Unlawful Activities Prevention Act (UAPA) must be given a written statement explaining the reasons for their arrest.

Upholding the Fundamental Right: Supreme Court's Ruling on Arrest Procedures under UAPA

The recent decision by Justices B.R. Gavai and Sandeep Mehta builds on a previous ruling in the Pankaj Bansal case. This ruling ensures that individuals arrested under the Prevention of Money Laundering Act (PMLA) are informed of the grounds for their arrest. Now, this important principle also applies to UAPA detentions.

Fundamental right
Source : Law Audience Journal

The court explained that providing the reasons for arrest enables the detainee to effectively engage legal counsel, challenge police custody, and apply for bail. This practice is essential for upholding the rights outlined in Article 22(1) of the Constitution.

Consistency Across Legislation

Justice Mehta, who penned the judgment, noted the similarity in language between Section 19(1) of the PMLA and Section 43B(1) of the UAPA, both of which outline arrest procedures and powers. The court interpreted the phrase “inform him of the grounds for such arrest” found in both sections to mean that the information must be provided in writing.

Fundamental right
Source: iPleaders

The government initially resisted applying the findings of the Pankaj Bansal case to UAPA arrests. However, the court rejected this argument, claiming that the requirement to inform the arrested individual in writing applies equally to UAPA cases.

The Supreme Court stressed that it is a fundamental aspect of justice and fairness to provide detainees with written grounds for their arrest. This right applies to all individuals arrested under UAPA or any other law, and the written statement must be given without delay.

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