What happens during remand herrings? This is what a study suggests

Sub : Polity

Sec: Constitution

Tags: Art 22

Context:

The Supreme Court directed the release of jailed journalist Prabir Purkayastha on the ground that due-process safeguards were not followed in his arrest and detention.

More on news:

The Supreme Court said that his constitutional rights had been violated.
Purkayastha was produced before a designated judge early in the morning, and sent to seven days police custody.
He was not given an opportunity to defend himself through legal counsel of his choice.
He was not informed of the grounds of arrest, as required by Article 22 (1) of the Constitution.
The Supreme Court’s emphasis on the distinction between the formal reasons for arrest — often included in the Arrest Memo — and meaningful communication of the grounds of arrest in writing.
The Supreme Court highlighted another aspect where the presence of the Arrest Memo alone is not adequate confirmation of due-process rights of the accused.

Role of the magistrate:

The judgment spotlights the right of the accused to know the grounds for arrest to protect their right to life and liberty under Article 21.
Article 22(2) of the Indian Constitution, says every arrested person shall be produced before a magistrate within 24 hours — this is called “first production”.
The magistrate/ judge can authorize further detention in police custody (for interrogation) or judicial custody through remand hearings.
It requires judicial scrutiny to ensure that statutory and constitutional safeguards are realized in letter and spirit.

Study by Project 39A:

An ethnographic study by Project 39A at National Law University Delhi looked at the everyday functioning of magistrate courts during regular hours across the six district court complexes in Delhi over a three-month period, including the role of the magistrate, lawyers, police, and accused.
The findings suggest most magistrates do not fully realize the constitutional and statutory protections at first production and remand.

What is Project 39A?

Project 39A is a criminal justice initiative based out of the National Law University in Delhi.
Project 39A draws inspiration from Article 39-A in the Indian Constitution on equal justice and signals the broadening of our work on the criminal justice system in India.

Constitutional Provisions in news:

Article 21:

No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India.

Article 22:

Protection against arrest and detention in certain cases.
22(1):No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
22(2):Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

Key findings of the study:

Most magistrates ensured that the Arrest Memo — which contains information on the circumstances of arrest and intimation to family — and Medico-Legal Certificate (MLC) — based on a medical examination of the accused — were present on file.

Terminologies in news:

Arrest Memo:

An Arrest Memo or ‘Memo of Arrest’ is a document that the police must file at the time of arrest or immediately on bringing the arrested person back to the police station.
It acts as a safeguard against illegal detention by the police.

Medico-Legal Certificate (MLC):

A MLC is defined as any case of injury or ailment where, the attending doctor after observing history and clinical examination, considers that investigations by law enforcement Agencies are warranted to ascertain circumstances and fix responsibility regarding the said injury or ailment according to the law.