Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
UAPA | Mandate To Furnish Grounds Of Arrest Not Fulfilled By Remand Court's Explanation: Supreme Court
This article covers a Supreme Court ruling reinforcing procedural safeguards under the Unlawful Activities (Prevention) Act (UAPA). The Court held that a remand court’s general explanation cannot substitute the statutory requirement to explicitly furnish the grounds of arrest to an accused. It clarified that magistrates must record specific reasons for remand, ensuring that the accused is informed of the factual and legal basis of custody. The judgment stressed judicial duty to prevent mechanical remand orders and underscored that liberty under Article 21 demands strict adherence to procedural fairness. The Court reaffirmed that compliance with Sections 41 and 167 of the CrPC and constitutional standards is mandatory even in special laws like UAPA.