New Delhi, June 26 (PTI): The Supreme Court is set to hear a plea from the Karnataka Police following a high court order that rejected a custody remand of an accused in a murder case, citing that the individual was not informed of the grounds for arrest.
A bench comprising Justices K V Viswanathan and N Kotiswar Singh indicated that the case warranted further examination. "The matter requires consideration. Issue notice on the special leave petition and on the application for stay," the bench stated.
The high court's order, issued on April 17, had nullified the trial court's initial February 17, 2023, remand order and instructed the accused's release under specific conditions.
The Supreme Court has issued a notice to the accused, detained on February 17, 2023, in connection with a murder case in Hassan district, requesting their response to the police's plea.
Senior advocate Sidharth Luthra represented the police in court. The bench also noted that in a separate yet related plea on the issue of grounds for arrest, the court had reserved its ruling on April 22.
"The outcome of this judgment (on the separate petition) will significantly influence the final decision in this case. We will revisit this matter for further consideration on July 18," the bench remarked.
Luthra highlighted that numerous cases were pending in the high court, where it was expected that the contested order would be referenced as a precedent. The bench suggested that Luthra present the court's order to the high court, indicating, "You show this order to the high court. We are awaiting this, they should also wait."
The high court had observed that the petitioner was not provided with "worthwhile particulars" regarding the arrest, nor written communication as dictated by subsequent judgments since the arrest.
The Supreme Court is poised to deliberate, in a separate plea where judgment was reserved on April 22, on whether it is necessary to provide grounds for arrest in every case, including those originating from offenses under the former IPC, either prior to or immediately following the arrest.
The court will also assess whether, even in exceptional circumstances where exigencies prevent the presentation of arrest grounds prior to or immediately following an arrest, the arrest would be considered invalidated due to non-compliance with section 50 of the erstwhile CrPC conferring the right to be informed of grounds of arrest and the right to bail.
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