Grounds of arrest in UAPA cases

The Supreme Court (SC) recently delivered a judgment extending the scope of Grounds of arrest in UAPA (Unlawful Activities Prevention Act).

Recent judgement:

• In the case “Pankaj Bansal v Union of India & Ors,” the SC ruled that the requirement from the Prevention of Money Laundering Act (PMLA), which mandates providing grounds of arrest in writing to the accused, also applies to cases under the UAPA, 1967.
• The SC emphasized that Articles 22 (1) and 22 (5) of the Indian Constitution must be upheld, ensuring that grounds of arrest or detention are communicated to the person detained.
  • Article 22 (1): No person can be detained without being informed of the grounds for their arrest, and they must be allowed to defend themselves with a legal practitioner of their choice.
  • Article 22 (5): A detained person must be informed about the grounds of their detention order and allowed to make a representation against it.

Ref: Source