The Supreme Court has declared any violation of Article 22(1) or 22(2) as rendering an arrest unconstitutional. This landmark ruling mandates that re-arrest of such an accused requires prior judicial approval, reinforcing fundamental rights against arbitrary detention. For UPSC aspirants, this is a critical update on constitutional safeguards and judicial interpretation of Article 22.
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- ›Bench: Justices Ujjal Bhuyan and Atul S Chandurkar
- ›Judgment Date: September 21, 2026
- ›Target this Data: Judgment date: September 21, 2026; Bench: Justices Ujjal Bhuyan and Atul S Chandurkar
- ›Target this Nodal Body: Supreme Court of India
- ›Target this Legal Point: Article 22(1) & 22(2) – violation renders arrest unconstitutional, re-arrest requires judicial approval
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