Joginder Kumar vs. State of UP || Case Summary || (1994) 4 SCC 260|| Illegal Detention

Illegal Detention

FACTS

Joginder Kumar, a 28-year-old lawyer, was detained by the Ghaziabad police on January 7, 1994, without a warrant or formal complaint, on suspicion of involvement in a kidnapping case. His family was not informed of his whereabouts, and he was held for five days. His brother filed a habeas corpus petition in the Supreme Court, alleging illegal detention. The police claimed Joginder was summoned for inquiry, but he was produced before a magistrate only after the petition.

ISSUES

1. Does arbitrary detention by police violate fundamental rights under Article 21?

2. Are there legal safeguards to prevent misuse of police power during arrests?

RELEVANT LAWS

1. Article 21 of the Indian Constitution: Protects the right to life and personal liberty, ensuring no deprivation except by procedure established by law.

2. Article 22 of the Indian Constitution: Mandates that arrested persons be informed of the grounds of arrest and produced before a magistrate within 24 hours.

3. Section 41 of the Code of Criminal Procedure (CrPC), 1973: Governs police powers to arrest without a warrant, requiring reasonable suspicion and necessity.

JUDGEMENT

The Supreme Court in Joginder Kumar vs. State of UP held that the police detention was illegal and violated Article 21. It emphasized that arrest is not a routine action and must be justified under Section 41 CrPC. The Court laid down guidelines: arrests should be made only when necessary, the arrested person must be informed of the grounds, their family must be notified, and a record of the arrest must be maintained. Joginder Kumar was released, and the ruling aimed to curb arbitrary police actions.

Vinita Pathak