Supreme Court Upholds Article 22(1): Declares NewsClick Founder’s UAPA Arrest Illegal

In a significant judgment for civil liberties, the Supreme Court of India declared the arrest of NewsClick founder Prabir Purkayastha by the Delhi Police under the Unlawful Activities (Prevention) Act (UAPA) as 'illegal' and 'invalid'. The bench, comprising Justices B.R. Gavai and Sandeep Mehta, emphasized that the 'grounds of arrest' must be communicated to the accused in writing at the time of detention. This ruling reinforces the constitutional mandate under Article 22(1), which guarantees every arrested person the right to be informed of the reasons for their detention and the right to consult a legal practitioner. The Court observed that providing the grounds of arrest in writing is essential for the accused to seek effective legal counsel and apply for bail. The judgment draws heavily from the precedent set in the 'Pankaj Bansal v. Union of India' case, where the Court had mandated similar requirements for arrests under the Prevention of Money Laundering Act (PMLA). By extending this requirement to the UAPA, the judiciary has signaled that the stringency of a law does not exempt the state from following due process and respecting fundamental rights.