In two orders reported in May 2026, a Lucknow bench of the Allahabad High Court (Justice Abdul Moin and Justice Pramod Kumar Srivastava) declared arrests illegal because the police had not given the arrested person written grounds of arrest. In one case the Court directed the State of Uttar Pradesh to pay Rs 10 lakh as compensation; in the other, the State assured the Court that no one would be arrested without being given the reasons and grounds.
What was decided
In Manoj Kumar v. State of U.P. (2026 LiveLaw (AB) 265), the petitioner was arrested on 27 January 2026 in a 2024 FIR. The arrest memo mentioned only the case crime number, not the grounds. Relying on the Supreme Court’s 2025 decision in Mihir Rajesh Shah v. State of Maharashtra, which requires written grounds in a language the arrested person understands, the Court held the arrest and the remand illegal, ordered immediate release, and directed the State to pay Rs 10 lakh within four weeks, with liberty to recover it from responsible officials.
In Santosh Gupta v. State of U.P. (2026 LiveLaw (AB) 268), the Court set aside a remand order of 10 April 2026 on the same ground. The Additional Advocate General told the Court he had written to the Additional Chief Secretary (Home) and the Director General of Police asking for strict compliance with Mihir Rajesh Shah, including supply of written grounds at least two hours before production before the Magistrate.
Why it matters
The Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 47) and Article 22(1) of the Constitution require that a person arrested be informed of the grounds. These rulings show the High Court treating non-compliance as fatal to both the arrest and the remand, not as a technical lapse.
For business owners and professionals named in FIRs relating to commercial disputes, the first hours after arrest are decisive. A defective arrest memo or missing grounds can be the basis of a habeas corpus petition or a challenge to remand. Release on this ground does not end the case: the police may still proceed in accordance with law.
Practical points
- Ask for the written grounds of arrest at the time of arrest, and note the time they are actually supplied.
- Check the arrest memo and remand papers for the specific grounds, not just the FIR number.
- Raise non-compliance before the Magistrate at the first remand hearing and keep a record of it.
- Family members should note the time and place the person was taken into custody.
- Continue to cooperate with the investigation after release; the case itself continues.
Sources: LiveLaw, 7 May 2026; LiveLaw, 11 May 2026.
For a confidential discussion on arrest, remand and bail, see Criminal Defence and Bail.
General legal information only; not legal advice or solicitation.
