Rights Of Person Under Arrest

Rights Of Person Under Arrest

Subject: Polity

Section: Constitution

Context

The Patiala House court allowed news portal NewsClick founder Prabir Purkayastha  and human resource head Amit Chakraborty to get a copy of the first information report (FIR) in the Unlawful Activities (Prevention) Act(UAPA) case filed against them by the  Delhi Police.

Safeguards against Arbitrary Arrest and Detention

Clauses (1) and (2) of Article 22 guarantee four rights on a person who is arrested for any offence under an ordinary law-

• The right to be informed ‘as soon as may be’ of ground of arrest’.
• The right to consult and to be represented by a lawyer of his own choice.
• The right to be produced before a magistrate within 24 hours.
• The freedom from detention beyond the said period except by the order of the magistrate.

The above fundamental rights guaranteed to arrested persons by clauses (1) and (2) of Article 22 are available to both citizens and non-citizens and not to persons arrested and detained under any law providing for preventive detention.

Exceptions 

• Clause (3) of Article 22 provides two exceptions to the rule contained in clauses (1) and (2).
• It provides that the rights given to arrested person under clauses (1) and (2) are not available to following persons:
• An enemy alien
• A person arrested and detained under Preventive Detention law.

Meaning of Preventive Detention

• It involves the detainment (containment) of a person in order to keep him/her from committing future crimes and/or from escaping future prosecution.
• Article 22 (3) (b) of the Constitution allows for preventive detention and restriction on personal liberty for reasons of state security and public order.

Safeguards against arrest or detention made under a law providing for preventive detention

• Clauses (4) to (7) of Article 22 contain the procedural requirements which are to be complied with when a person is detained under a law providing for preventive detention. These are as follows-
  • No detention beyond three months unless such detention is approved by the Advisory Board.
  • The detaining authority must communicate, as soon as may be, to the detenu, the grounds for such detention.
  • The detenu must be afforded the earliest opportunity of making a representation against the order of detention.
  • No detention beyond the maximum period prescribed under a law made by Parliament under Clause 7(a).

Purpose of the Preventive detention

• In the case of Mariappan vs. The District Collector and Others, the Court held that the aim of detention and its laws is not to punish anyone but to stop certain crimes from being committed.

About Unlawful (Activities) Prevention Act (UAPA)

Background: The Unlawful Activities (Prevention) Act is an anti-terrorism law in India that was first introduced in 1967.

Purpose: The purpose of UAPA is to prevent unlawful activities that threaten the sovereignty and integrity of India.

Amendments: UAPA has undergone several revisions since its introduction, with each revision making the law more stringent. Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, terrorist act was added to the list of offences.

Provisions: UAPA provides for the designation of individuals and organizations as “terrorists” and allows for their arrest and detention without trial for up to 180 days.

Criticisms: UAPA has been criticized for being used to stifle dissent and suppress political opposition. Critics argue that the law is vague and overbroad, allowing for its misuse and abuse.