Protection Against Arrest and Detention in Certain Cases
Article 22 protects individuals against arbitrary arrest and detention, ensuring they are informed of the grounds for arrest, have the right to consult a lawyer, and are produced before a magistrate within 24 hours.
Details:
- Protection Against Arbitrary Arrest and Detention: Article 22 safeguards individuals from being arrested or detained without being informed of the grounds for such action.
- Right to Legal Representation: An arrested person cannot be denied the right to consult and be defended by a legal practitioner of their choice.
- Production Before a Magistrate: Every person arrested and detained must be produced before the nearest magistrate within 24 hours of the arrest, excluding the time necessary for the journey from the place of arrest to the court.
- Exceptions: Certain exceptions apply to these protections, including:
- Enemy aliens
- Persons arrested or detained under any law providing for preventive detention
- Preventive Detention:
- No law providing for preventive detention can authorize detention for more than three months unless an advisory board (consisting of High Court Judges) opines that detention is justified.
- When a person is detained under a preventive detention law, the authority making the order must communicate the grounds for the detention and afford the person an opportunity to make a representation against the order.
- Judicial Interpretations: The Supreme Court has played a crucial role in interpreting and strengthening the provisions of Article 22 through landmark judgments like A.K. Gopalan v. State of Madras (1950), Hussainara Khatoon v. State of Bihar (1980), Joginder Kumar v. State of U.P. (1994), and D.K. Basu v. State of W.B. (1995).
- Recent Case: In Prabir Purkayastha vs State NCT of Delhi, 2024, the Supreme Court reinforced the constitutional right of an accused under Article 22 to receive written grounds for their arrest, emphasizing the importance of the provision in safeguarding personal liberty and ensuring fair legal representation.