India Legal News
Written Reasons for Arrest Must Be Given at the Time of Arrest, Rule Also Applies to UAPA-PMLA Cases: Supreme
The Supreme Court of India has reiterated that an arrested person has a constitutional right to receive the grounds of arrest in writing and in a language they understand, with the requirement applying across criminal cases, including proceedings under special laws such as the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA).
A Bench comprising Justice Ujjal Bhuyan and Justice Atul S. Chandurkar delivered the ruling in Jaskaran Jeet Singh Deol v. State of Punjab on September 21, 2026. The court emphasized that Article 22(1) of the Constitution provides a mandatory safeguard that cannot be diluted simply because the allegations involve a serious offence.
Written Grounds of Arrest Are a Constitutional Safeguard
The court held that the grounds of arrest must ordinarily be provided in writing and at the time of arrest, with a copy furnished to the arrested person.
The information must be communicated in a manner and language that the accused can understand. The purpose is to allow the person to understand why they have been arrested and to effectively seek legal advice and challenge the detention or seek other remedies available under law.
The judgment stressed that Article 22(1) does not create an offence-specific exception. The safeguard therefore applies to arrests made under ordinary criminal laws as well as special legislation.
UAPA and PMLA Cases Also Covered
The Supreme Court specifically discussed earlier rulings concerning arrests under the PMLA and UAPA.
In the PMLA context, the court referred to the requirement that an arrested person must receive written grounds so that they can understand the basis of the arrest and exercise their legal remedies, including seeking bail.
The court also relied on the principle established in the UAPA case of Prabir Purkayastha, under which a person arrested under the anti-terror law also has a fundamental and statutory right to receive the grounds of arrest in writing.
The judgment therefore makes clear that the constitutional safeguard is not limited by the particular statute under which a person is arrested.
Limited Exception in Immediate Arrest Situations
The court also addressed situations in which providing written grounds immediately may be impractical.
Where police already possess documentary material supporting an arrest, the written grounds should be furnished at the time of arrest. In exceptional circumstances, such as certain offences committed in the act where immediate written communication is impractical, the grounds may initially be communicated orally.
Even in such cases, however, a written copy must be supplied within a reasonable period and, according to the judgment’s framework, no later than two hours before the arrested person is produced before a Magistrate for remand.
Unlawful Arrest Can Lead to Release
The Supreme Court reiterated that failure to comply with the constitutional requirement can render an arrest and subsequent remand legally unsustainable.
The court emphasized that a later filing of a chargesheet or an order taking cognizance does not retrospectively cure an unconstitutional arrest.
The judgment also referred to the importance of ensuring that an arrested person receives sufficient information to understand the allegations and consult legal counsel.
Re-Arrest Requires Judicial Oversight
The court imposed additional safeguards where an accused has been released because the arresting authority failed to provide the required written grounds.
The power to simply re-arrest the person cannot be left entirely with the same authority whose failure resulted in the constitutional violation. A fresh application must be made after the written grounds have been supplied, with an explanation for the earlier non-compliance, and the matter requires judicial consideration.
The judgment further indicates that the application should carry the endorsement of the immediate superior authority. The concerned Magistrate is then required to consider the request expeditiously while following principles of natural justice.
Court Stresses Importance of Personal Liberty
The Supreme Court relied on its earlier jurisprudence concerning Article 22(1), including decisions dealing with PMLA, UAPA and other criminal proceedings.
The broader principle is that the seriousness of an allegation does not by itself remove constitutional protections available to an arrested person. The procedure established by the Constitution must be followed when the State restricts an individual’s personal liberty.
The ruling in Jaskaran Jeet Singh Deol therefore reinforces written communication of arrest grounds as a mandatory constitutional safeguard while also setting out procedural requirements for exceptional cases and any subsequent attempt to re-arrest an accused.
Cyber Crime
Ahmedabad Firm Directors Booked in ₹14.83-Lakh Fixed Deposit Scheme Fraud
Police in Gujarat have registered a criminal case against directors and senior officials of Ahmedabad-based Unique Mercantile India Limited for allegedly cheating investors through fixed deposit and monthly income schemes promising high returns.
The company, operating from Popular House in Navrangpura, allegedly collected investments by assuring attractive payouts but later stopped interest payments, closed its office, and failed to repay maturity amounts totaling ₹14.83 lakh, according to the complaint filed with police.
Investor Complaint Triggers Police Investigation
The case was initiated after a complaint by Vishnubhai Bholidas Patel, a 58-year-old resident of Kalol in Gandhinagar district.
According to the FIR, Patel was introduced to Unique Mercantile India Limited in 2017 through company representatives Sanjay Patel and Rajesh Patel. The agents allegedly promoted fixed-term deposit plans and monthly income schemes with assured returns.
Patel later joined the company as an agent and helped attract additional investors after attending promotional meetings conducted by company representatives. He invested his own money and encouraged relatives and acquaintances to participate in the schemes.
Between 2017 and 2018, Patel allegedly mobilized investments worth ₹11.65 lakh, with the company’s promised maturity liability reaching ₹15.93 lakh.
The FIR names company directors Utkarsh Rai, Rahul Rai, and Raj Kumar Rai, along with managers Mukeshbhai Patel and Ghanshyambhai Patel, alleging that they misrepresented the investment plans and failed to meet repayment commitments.
Interest Payments Stopped After Initial Trust-Building
The complaint alleges that the company initially made periodic interest payments and provided commissions to agents, helping build confidence among investors.
However, payments reportedly stopped around 2020. When investors approached the company’s Navrangpura office, officials allegedly cited financial difficulties linked to the Covid-19 pandemic and assured them that pending dues would be cleared.
The company later shut down operations without fully settling investor claims. Police records indicate that only ₹1.10 lakh was repaid through installments, leaving an outstanding amount of ₹14.83 lakh.
Police Probe Financial Records
Ahmedabad Police have registered the case under relevant provisions of the Bharatiya Nyaya Sanhita (BNS) related to cheating and criminal breach of trust.
Investigators are examining financial documents, bank records, and other evidence to determine the complete scale of the alleged irregularities and identify whether additional investors were affected.
Experts Warn Against Unverified High-Return Schemes
Financial fraud experts have repeatedly warned investors about schemes offering unusually high or guaranteed returns without proper regulatory oversight.
Experts advise investors to verify whether investment companies are registered with appropriate authorities such as the Securities and Exchange Board of India (SEBI) or the Reserve Bank of India (RBI) before committing funds.
Authorities have also urged people to be cautious of investment opportunities promoted through aggressive marketing, commission-based networks, and promises of risk-free profits.
Cyber Crime
Ahmedabad Entrepreneur Duped of ₹10.49 Lakh in UK Work Visa Racket
Ahmedabad Police have registered a case against the owner of an immigration consultancy firm for allegedly cheating a local entrepreneur of ₹10.49 lakh by promising to arrange a United Kingdom work permit.
The accused, identified as Dhaval Jagdishbhai Parmar, who operated Stanmore Enterprise Pvt. Ltd. in Jagatpur’s Godrej Garden City area, allegedly collected money from the complainant over several months but failed to provide the promised visa or return the funds.
Police have booked the accused under relevant sections of the Bharatiya Nyaya Sanhita (BNS) and have started an investigation into the alleged fraud.
Victim Allegedly Approached for UK Employment Opportunity
According to the complaint, 34-year-old Ankit Sureshbhai Panchal, an entrepreneur from Ghatlodia who runs an engineering unit, was introduced to Parmar through a family contact in early 2024.
During a meeting in April 2024, Parmar allegedly claimed that he could arrange a UK work permit within 10 to 15 days after receiving the required documents.
The accused initially quoted a fee of ₹22.50 lakh for the visa process but later reduced the amount to ₹18 lakh after discussions about the family’s financial situation. He allegedly assured Panchal that the money would be refunded if the application was unsuccessful.
Trusting these claims, Panchal reportedly shared personal documents, including his passport, educational certificates, IELTS score details, and caregiving certification. He selected a care worker employment option in London from the opportunities presented by the consultancy.
Multiple Payments Made Before Consultancy Allegedly Shut Down
Between April 2024 and April 2025, Panchal allegedly paid ₹10.49 lakh through digital transactions, IMPS transfers, and cheques.
The complainant told police that whenever he requested official documents, application updates, or confirmation from a UK employer, Parmar allegedly delayed responses and claimed that the process was still underway while asking for additional payments.
The situation changed when the accused allegedly stopped responding to calls and the consultancy office was closed.
Police Begin Investigation Into Financial Trail
After failing to receive the visa or a refund, Panchal approached police and submitted payment records, bank statements, and electronic communications as evidence.
Investigators are now examining the accused’s financial transactions and business records to trace the movement of funds. Authorities are also looking into whether other job seekers may have been targeted through similar overseas employment promises.
Authorities Warn Against Unverified Immigration Services
Police and cybersecurity experts frequently advise individuals seeking overseas employment to verify immigration consultants before making payments.
Applicants should confirm whether agencies are legally registered, avoid paying large amounts without official documentation, and independently verify job offers through authorized government or employer channels.
Aviation & Transport
Go First Insolvency Row: FIR Against Former Board, DGCA Official, EaseMyTrip and Cleartrip
New Delhi: The legal troubles surrounding the insolvency proceedings of now-grounded airline Go First have intensified after Ernakulam Police registered an FIR against the company’s former board of directors, an unnamed official of the Directorate General of Civil Aviation (DGCA), travel booking platforms EaseMyTrip and Cleartrip, and the airline’s Resolution Professional.
The FIR, filed on July 9, relates to allegations of cheating and criminal breach of trust connected with ticket bookings made after Go First had begun its insolvency process. The case was registered under relevant provisions of the Bharatiya Nyaya Sanhita (BNS), including sections related to breach of trust, cheating, and fraudulent conduct.
The action follows an order from the Chief Judicial Magistrate Court in Ernakulam based on a complaint filed by aviation safety activist and advocate Yeshwant Shenoy. The complaint alleged that ticket sales continued despite the airline’s decision to seek voluntary insolvency, potentially causing financial losses to passengers.
Allegations Over Ticket Sales During Insolvency Process
According to the complaint, Go First’s board approved the decision to initiate insolvency proceedings on April 28, 2023. Shareholders later approved the move during an Extraordinary General Meeting on April 30, and the airline approached the National Company Law Tribunal (NCLT) on May 2, 2023.
However, the complaint claims that ticket bookings continued until May 10, allowing passengers to purchase tickets for flights that were later cancelled after the airline suspended operations.
Those named in the FIR include former chairman Nusli Neville Wadia, director Ness Nusli Wadia, former CEO Kaushik Khona, other former board members, an unidentified DGCA official, online travel companies EaseMyTrip and Cleartrip, and Resolution Professional Shailendra Ajmera.
Passenger Claims Financial Loss
The complainant stated that he personally suffered a loss of ₹64,000 after booking Kochi-Mumbai flight tickets for family members and friends on the same day Go First filed its insolvency application.
He alleged that despite raising concerns with the aviation regulator, action to stop advance bookings was taken only on May 10 following intervention by the Kerala High Court.
The complaint further alleges that the DGCA was aware of Go First’s financial difficulties but failed to take timely steps to protect passengers. It referred to previous regulatory actions involving financially distressed airlines, including restrictions placed on advance bookings during earlier crises.
Dispute Over Scale of Passenger Losses
The complaint has also questioned the reported financial impact on passengers. Go First had stated that around 4,118 flights were cancelled in April 2023, affecting nearly 77,500 passengers.
While media reports estimated passenger-related claims at approximately ₹900 crore, the complainant argued that the actual amount collected from passengers could have been significantly higher, alleging that bookings continued for additional days despite the airline’s financial situation.
The FIR alleges that the accused parties may have caused financial harm to passengers while benefiting from continued ticket transactions despite the airline’s expected operational shutdown.
Investigation to Examine Records and Communications
The police investigation is expected to examine various documents, including board decisions, communications between Go First and regulatory authorities, booking details, payment records, and the role of online travel platforms in processing ticket sales.
The probe will also look into whether adequate disclosures and warnings were provided to passengers during the period between the insolvency decision and the suspension of bookings.
Experts Highlight Need for Stronger Consumer Protection
Cybercrime and digital fraud experts have noted that while the case primarily involves corporate and regulatory issues, online platforms handling consumer payments must maintain strict compliance standards during periods of financial uncertainty.
Experts have stressed the importance of timely coordination between regulators, airlines, payment providers, and booking platforms to ensure passengers are informed quickly and protected from avoidable losses.
The matter is currently under investigation. The allegations mentioned in the FIR remain unproven, and no court has established guilt against any of the individuals or organisations named in the case.
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