Supreme Court Concerned About Karnataka High Court's Handling of Arrest Grounds

Supreme Court realized that its rulings could complicate criminal law processes when Karnataka high court released a murder accused two years after arrest because police did not provide written grounds of arrest as mandated by SC in Oct 2023. The man was arrested on Feb 17, 2023, and remanded in custody the same day in a murder case. Chargesheet filed, facing trial. Nearly one-and-a-half years after SC ruling in Pankaj Bansal case on Oct 3, 2023, the murder accused questioned his arrest in Karnataka HC on March 22 this year. HC quashed his arrest but asked him to cooperate in the probe and follow certain conditions.

Justice Viswanathan expressed concern that this action by Karnataka HC could lead to numerous accused seeking annulment of their arrests made before Oct 3, 2023. A similar question is pending judgment before a bench led by CJI B R Gavai. The judgment is expected after July 15 and may provide guidelines on communication of grounds of arrest. The Karnataka case is scheduled for hearing on July 18.

CJI Gavai had raised questions on the mandatory communication of grounds of arrest in IPC cases and whether it could be optional in exceptional circumstances. He expressed concerns about the misuse of the rule requiring police to provide written grounds of arrest. The issue remains under consideration.