Court Must Grant Bail If Accused’s Fundamental Rights Are Violated During or After Arrest: SC

Post By 24law
February 2, 2025

Pranav B Prem

The Supreme Court has ruled that if an accused's fundamental rights under Articles 21 and 22 of the Constitution are violated during or after their arrest, the court must release them on bail. A Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan dismissed an appeal filed by the Directorate of Enforcement (ED) challenging the Chhattisgarh High Court's decision to grant bail to the respondent accused under Section 4 of the Prevention of Money Laundering Act, 2002 (PMLA).

The Court unequivocally held that: "Once a Court, while dealing with a bail application, finds that the fundamental rights of the accused under Articles 21 and 22 of the Constitution of India have been violated while arresting the accused or after arresting him, it is the duty of the Court dealing with the bail application to release the accused on bail. The reason is that the arrest in such cases stands vitiated. It is the duty of every Court to uphold the fundamental rights guaranteed under Articles 21 and 22 of the Constitution."

Case Background

The case arose when the High Court granted bail to the respondent after determining that his arrest was unlawful. The respondent was detained at Indira Gandhi International (IGI) Airport, New Delhi, on March 4, 2022, when the Bureau of Immigration executed a Look Out Circular (LOC) issued against him. The Bureau held him in custody on behalf of the ED. The ED subsequently took physical custody of him on March 5, 2022, at 11:00 AM and transported him to Raipur, where he was produced before the Court on March 6, 2022.

Supreme Court’s Findings

The Supreme Court noted that the respondent was not presented before the nearest Magistrate within 24 hours of his detention at 11:00 AM on March 5, 2022. This was deemed a direct violation of Article 22(2) of the Constitution, which mandates that an arrested person be produced before a Magistrate within 24 hours. The Court explained: "The respondent was not produced before the nearest learned Magistrate within 24 hours from 11.00 a.m. on 5th March, 2022. Therefore, the arrest of the respondent is rendered completely illegal as a result of the violation of clause 2 of Article 22 of the Constitution of India. Thus, the continuation of the respondent in custody without producing him before the nearest Magistrate within the stipulated time of 24 hours is completely illegal and it infringes fundamental rights under clause 2 of Article 22 of the Constitution." Since the respondent remained in custody beyond the constitutional limit without being produced before a Magistrate, the Court declared his arrest vitiated. The violation of Article 22(2) also infringed upon his fundamental right to personal liberty guaranteed under Article 21.

Interplay Between PMLA and CrPC

The Court emphasized that Section 57 of the Code of Criminal Procedure (CrPC), which enshrines the 24-hour rule, applies to PMLA proceedings by virtue of Section 65 of the PMLA. The Court observed: "The requirement of clause 2 of Article 22 has been incorporated in Section 57 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C’). There is no inconsistency between the provisions of the PMLA and Section 57 of Cr.P.C. Hence, by virtue of Section 65 of the PMLA, Section 57 of the Cr.P.C applies to the proceedings under the PMLA."

Consequences of an Illegal Arrest

Given the violation of the constitutional provisions, the Supreme Court ruled that the accused could not be denied bail merely on the grounds of non-fulfillment of the twin conditions under Section 45(1)(ii) of the PMLA. The Court categorically held: "Therefore, when arrest is illegal or is vitiated, bail cannot be denied on the grounds of non-fulfillment of twin tests under clause (ii) of sub-section 1 of Section 45 of PMLA."

Verdict

Finding no error in the High Court's decision, the Supreme Court dismissed the appeal filed by the Directorate of Enforcement, affirming that any violation of fundamental rights under Articles 21 and 22 mandates the release of the accused on bail.