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Arrest Reasons Must Be Personal, Not Collective: HC
5 Dec
Summary
- Arrest reasons must be personal and specific to the accused.
- Bombay HC found no individual reasons for an accused's arrest.
- Magistrates must scrutinize arrest reasons independently.
The Bombay high court has clarified that arrests must stem from an individual's specific actions and cannot be justified by collective conduct, even in joint offenses. The court declared the arrest of Chandrashekhar Naik, a senior vice president at a digital tech firm, illegal due to a lack of documented personal reasons.
Naik was arrested in a share market fraud case without prior summons or notice, despite his cooperation. The court criticized the magistrate for failing to discharge their obligation to scrutinize the reasons for arrest independently for each accused.
The high court stressed that procedural safeguards are crucial to prevent police overreach and protect individual liberty. Arrests require specific, individual reasons, not collective justifications, to ensure justice and prevent irreversible harm to personal freedom.
