IN THE MATTER OF MADHU LIMAYE & ORS. versus NO RESPONDENT

IN THE MATTER OF MADHU LIMAYE & ORS. versus NO RESPONDENT

The failure to communicate the grounds of arrest to the petitioners constituted a violation of Article 22(1) of the Constitution, entitling them to a writ of habeas corpus and immediate release. The Magistrate's orders of remand were routine and did not cure the constitutional infirmity.

Parties
Petitioner: Madhu Limaye; Respondent Advocate: M. C. Chagla; Respondent Advocate: D. Goburdhun; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
18 December 1968
Procedural Posture
Writ Petition Under Article 32 (habeas Corpus) / Original Jurisdiction, Final Decision
Outcome
Petitions allowed; Madhu Limaye and other arrested persons to be released forthwith due to violation of Article 22(1).
Legal Topics
Personal Liberty, Habeas Corpus, Arrest and Detention, Article 22 of the Constitution, Criminal Procedure
Constitutional Law Criminal Law Personal Liberty Habeas Corpus Arrest and Detention Article 22 of the Constitution Criminal Procedure

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Parties

Madhu Limaye

Petitioner

M. C. Chagla

Respondent Advocate

D. Goburdhun

Respondent Advocate

State of Bihar

Respondent

Procedural Posture

Writ Petition Under Article 32 (habeas Corpus) / Original Jurisdiction, Final Decision

Legal Issues

  1. 1 Whether the arrest of the petitioners was illegal for non-compliance with Article 22(1) of the Constitution of India.
  2. 2 Whether the remand order by the Magistrate cured the constitutional infirmity of the arrest.

Ratio Decidendi

The failure to communicate the grounds of arrest to the petitioners constituted a violation of Article 22(1) of the Constitution, entitling them to a writ of habeas corpus and immediate release. The Magistrate's orders of remand were routine and did not cure the constitutional infirmity.

Court Disposition

Petitions allowed; Madhu Limaye and other arrested persons to be released forthwith due to violation of Article 22(1).

Orders

  • Release of Madhu Limaye and other arrested persons on the sole ground of violation of Article 22(1) of the Constitution.
  • No further directions necessary regarding their liberty.