Supreme Court Clears Way for Re-Arrest of Accused After Declaring Previous Arrest Illegal

In a landmark judgment, the Supreme Court on Monday cleared the decks for the re-arrest of the accused as the previous arrest was declared illegal as it did not specify the grounds of arrest as required under Article 22 (1) of the Constitution. The bench of Justice Ujjwal Bhuyan and Justice Atul Chandurkar also directed that for re-arrest of a person released in violation of Article 22 (1), the police would have to make an application before the judicial magistrate concerned and seek the sanction of the magistrate.