The Supreme Court has quashed the arrest and remand of three individuals booked for the offences of unlawful activities and conspiracy under the Unlawful Activities (Prevention) Act (UAPA), and the offences of criminal conspiracy, promotion of communal harmony, etc. under the Indian Penal Code, holding that the mandatory requirement of furnishing written grounds of arrest was not complied with.

A bench of Justices M.M. Sundresh and Vipul M. Pancholi set aside the judgment of the Madras High Court which held that the mandate under Section 43B of the UAPA is fulfilled when the remand requisition report, containing the grounds of arrest is served on the accused.

“Suffice it is to state that the explanation by the Court before whom the arrestees are produced can never be an adequate comp

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