The Supreme Court has expressed alarm over the Karnataka High Court's decision to apply retrospectively its order regarding the communication of grounds of arrest to an accused person. This concern arose during a hearing where the apex court considered a plea by the Karnataka Police challenging the High Court's order that led to the release of a murder accused.
The case originates from an incident in Hassan district where a man was arrested on February 17, 2023, in connection with a murder. Subsequent to his arrest, the trial court remanded him to custody. However, the Karnataka High Court overturned this decision on April 17, 2025, and ordered his release, citing that he was not adequately informed of the grounds for his arrest. The High Court based its decision on the Supreme Court's ruling in the Pankaj Bansal vs. Union of India case (October 3, 2023), which mandated that investigating agencies must communicate the grounds of arrest in writing to the person being taken into custody.
Representing the Karnataka government, Senior Advocate Sidharth Luthra argued before a Supreme Court bench led by Justice K.V. Viswanathan that Supreme Court rulings generally apply prospectively unless explicitly stated otherwise. He emphasized that the accused's arrest occurred months before the Pankaj Bansal ruling. Luthra also pointed out that the chargesheet had already been filed, and the accused was undergoing trial.
Justice Viswanathan voiced apprehension that the Karnataka High Court's approach could have far-reaching consequences. He noted that it could potentially lead to a flood of petitions from individuals arrested before October 3, 2023, seeking the annulment of their arrests based on the non-communication of arrest grounds in writing. "We are worried such a course of action, as adopted by Karnataka HC, will have a nation-wide implication and thousands of accused, arrested prior to Oct 3, 2023, may rush to courts seeking annulment of their arrests," he stated.
The Supreme Court has issued a notice to the accused, seeking his response to the police's plea. The bench also acknowledged that a similar question regarding the necessity of furnishing grounds of arrest in every case, even those arising from offenses under the Indian Penal Code, is pending judgment, with the verdict reserved on April 22, 2025. The court has scheduled the matter for further consideration on July 18, stating that the outcome of the pending judgment will significantly influence the final decision in this case.
The Supreme Court's concern reflects a balancing act between protecting individual rights and ensuring the smooth functioning of the criminal justice system. While informing an accused of the grounds of their arrest is a crucial safeguard against potential abuse of power, the retroactive application of this requirement could create significant legal challenges and potentially undermine numerous ongoing cases. The court is wary of a situation where accused individuals exploit this ruling to evade justice, especially in cases involving serious offenses.
This case highlights the complexities inherent in interpreting and applying judicial pronouncements, particularly when they intersect with fundamental rights and established legal procedures. The Supreme Court's final decision will likely have significant implications for law enforcement agencies and the criminal justice system across the country.
