The Kerala High Court, in a significant bail ruling, has reinforced the mandatory nature of Article 22(1). It held that non-communication of grounds of arrest in writing, at least two hours before remand, renders the arrest illegal and violates Articles 21 and 22. This is a crucial procedural safeguard against arbitrary arrest.
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1-Minute Revision
- ›Constitutional Article: Article 22(1)
- ›Mandatory Time Gap: 2 hours before remand
- ›Target this Legal Point: Article 22(1) and Article 21 linkage for illegal arrest.
- ›Target this Data: Mandatory 2-hour gap for written grounds before remand.
- ›Target this Nodal Body: Kerala High Court (Justice Kauser Edappagath).
- ›Target this Case Law: Arvind Kejriwal v. Directorate of Enforcement.
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