Supreme Court's Historic Ruling: Strengthening Personal Liberty

In a historic decision, the Supreme Court ruled on Thursday that every individual taken into custody must be given written reasons for their arrest in a language they can understand, regardless of the offense or statute.

The verdict, aimed at bolstering constitutional protections for personal freedom, underscores that failing to provide written grounds for arrest immediately is not grounds for nullifying an arrest if communicated within a reasonable timeframe, specifically two hours before the arrestee's presentation for remand.

The ruling, delivered by Chief Justice B R Gavai and Justice Augustine George Masih, emerged from the Mihir Rajesh Shah vs State of Maharashtra case, linked to a notable 2024 hit-and-run incident. The court emphasized that constitutional mandates on informing arrestees of arrest reasons must be fulfilled in writing and understood by the arrestee, fortifying individual liberty rights.