Not supplying grounds of arrest to accused becoming ‘routine practice’, says Allahabad HC
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The Allahabad High Court has said that the police not supplying persons accused of crimes the grounds of their arrest had become a “routine practice”.
This violated directives issued by the Supreme Court, said Justice Arun Kumar Singh Deshwal in a judgement issued on May 22. The judge granted bail to a man accused of murder.
The man, Sandeep Baisoya, had been in jail since January 13. He told the court in his petition that neither were the grounds of his arrest supplied to him, nor was a disclosure memo prepared before he was taken to a spot to recover a country-made pistol.
In November, the Supreme Court ruled that the requirement to furnish grounds of arrest when taking a person into custody applies to all offences, including those under the Indian Penal Code and the Bharatiya Nyaya Sanhita.
This was “not a mere formality but a mandatory binding constitutional safeguard”, a bench of BR Gavai, the chief justice at the time, and Justice AG Masih had said.
In its affidavit filed in response to Baisoya’s plea, the Uttar Pradesh government’s counsel did not deny in court that the man had not been provided the grounds of his arrest, reported Live Law.
The state also did not mention if a disclosure memo had been prepared, as required by the...