TMI Blog1959 (2) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... b. On 7th January, 1959, according to programme, the petitioner came to Hissar and while he was in the office of the local Socialist Party, Hissar, he was arrested at about 2-30 p.m. It is alleged that the petitioner was arrested without any warrant of arrest shown or having been informed about the cause of the arrest. The detention of the petitioner is claimed to be ultra vires of the Constitution and otherwise illegal. 3. The contention of the learned counsel for the petitioner, Mr. Kajinder Sacher, was that the provisions of Article 22 of the Constitution of India were violated, for no grounds of arrest had been given to the petitioner at the time of the arrest as envisaged by the said Article. Elaborating the point, the learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Law Amendment Act and Section 143 read with Section 117, Indian Penal Code. The submission was that informing the petitioner of the sections of the Criminal Law Amendment Act, 1932, and of the Indian Penal Code for which he was being proceeded with was enough compliance of Article 22(1) of the Constitution of India. It might be noted here that there is no other material on the record to show that any specific grounds for his arrest were supplied, to the petitioner before he was taken into custody. Paragraph 9(b) of the said affidavit in opposition to the effect that the petitioner was arrested for committing cognizable offences and that the petitioner at the time of arrest was informed by him (deponent) that he was being arrested fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person arrested appears to be this, on learning about the ground for arrest, the man will be in a position to make an application to the appropriate Court for bail, or move the High Court for a writ of habeas corpus. Further, the information will enable the arrested person to prepare his defence in time for purposes of his trial. * * * it is not necessary for the authorities to furnish full details of the offence. But the information should be sufficient to enable the arrested person to under stand why he has been arrested * * * Thus where the person is merely told that he had been arrested under Section 7 of Criminal Law Amendment Act, 1932, if is not sufficient and there is contravention of Clause (1) of Article 22 of the Con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... individual. 6. It is well recognised that at common law a man is not to be deprived of his liberty except in due course and process of law and that if a man is to be deprived of his freedom, he is entitled to know the reason why. Telling a person, he is arrested under some sections of some enactment is not providing him with any information, much less grounds of arrest. 7. It may be noticed that Section 7 of the Criminal Law Amendment Act, 1932, deals with a number of offences. Mere informing a person that he is being arrested under Section 7 of the Criminal Law Amendment Act, 1932, would not be giving him information as to which of the many offences as covered by Section 7, is he being arrested for. Section 7, Criminal Law Amendmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or Second.-- To resist the execution of any law, or of any legal process; or Third.-- To commit any mischief or criminal trespass, or other offence; or Fourth.-- By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth.--By means of criminal force, or sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cords, brought to my notice that the detenu was arrested at about 3 p. m. on 7th January, 1959, and it was at about 5 or 6 p.m. that he was produced before the Magistrate and remanded to police custody with the direction that he along with other accused be produced on 16th. The matter appears to have come up again before the learned Magistrate meanwhile on 14th when some of the accused tendered apology and were allowed to go, whereas the detenu appeared on 16th January, 1959. The Magistrate's order of 16th January, 1959, is merely to the effect that the case should come up on some future date indicated, but there, is no order or direction remanding the accused to custody. Though, therefore, I am satisfied that the provisions of Artic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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