. Right Against Arbitrary Arrest: SC Acquits Journalist Held Without Charges for 11 Days
A freelance journalist covering tribal rights was detained by police in Chhattisgarh, allegedly for “inciting unrest.” No FIR. No charges. Just 11 days in custody.
When his legal team moved the Supreme Court, the court delivered a clear warning to law enforcement:
“Liberty lost, even for a day, is justice denied.”
The Legal Standard
Article 22 and Section 57 of CrPC state:
- No person can be detained for more than 24 hours without being produced before a magistrate
- Grounds of arrest must be communicated clearly and immediately
The Court also referenced the DK Basu Guidelines which mandate:
- Arrest memo with witness signature
- Family must be informed
- Medical examination at the time of arrest
What the Court Ruled
- The arrest was illegal, arbitrary, and vengeful
- State police was ordered to issue a public apology and pay ₹5 lakh compensation
- Disciplinary action ordered against officers involved
Lasting Significance
- Reinforces citizen protections against state excesses
- Adds judicial muscle to press freedom
- Encourages use of writ petitions (Habeas Corpus) in unlawful detention cases
Justice delayed is often justice denied—but in this case, it was restored, and recorded.
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