Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
MANDATORY CONSTITUTIONAL VERIFICATION CHECKLIST
IMMEDIATE ACTIONS (Before Considering Remand)
1. Article 22(1) Compliance Verification
- [ ] Verify if grounds of arrest were communicated to the accused
- [ ] Check if grounds were provided in writing (not just orally)
- [ ] Confirm grounds were provided "forthwith" (immediately) after arrest
- [ ] Ensure grounds were communicated in language understood by accused
- [ ] Examine the arrest memo and related documents
- [ ] Verify arrest memo contains specific grounds (not just reasons)
- [ ] Check if grounds are detailed and personal to the accused
- [ ] Confirm grounds go beyond generic allegations
- [ ] Distinguish between "Grounds" and "Reasons"
- [ ] Grounds: Specific details necessitating THIS person's arrest
- [ ] Reasons: General parameters applicable to similar offenses
- [ ] Verify that GROUNDS (not just reasons) were provided
2. Documentation Review
- [ ] Check arrest documents for constitutional compliance
- [ ] Arrest memo with proper grounds column filled
- [ ] Written communication of grounds to accused
- [ ] Time stamp showing immediate communication
- [ ] Language of communication appropriate for accused
- [ ] Verify Section 50 CrPC compliance
- [ ] Immediate information provided about arrest
- [ ] Right to bail informed (if applicable)
- [ ] Documentation of "forthwith" compliance
3. Section 41A CrPC Verification (if applicable)
- [ ] For offenses punishable up to 7 years:
- [ ] Check if notice under Section 41A was issued
- [ ] Verify reasons recorded for not issuing notice
- [ ] Confirm necessity of immediate arrest
CONSTITUTIONAL VIOLATION FOUND
If Article 22(1) Violation is Established:
- [ ] MANDATORY IMMEDIATE ACTION:
- [ ] Order immediate release of accused ("forthwith")
- [ ] Record detailed reasons for finding constitutional violation
- [ ] Grant bail regardless of statutory restrictions
- [ ] Do NOT remand the accused
- [ ] Documentation Requirements:
- [ ] Record specific constitutional provisions violated
- [ ] Document timeline of arrest and ground communication
- [ ] Note specific deficiencies in arrest procedure
- [ ] Consider Additional Relief:
- [ ] Issue directions to prevent future violations
- [ ] Report systematic violations to higher authorities
NO CONSTITUTIONAL VIOLATION FOUND
If Article 22(1) Compliance is Satisfied:
- [ ] Proceed with Remand Consideration:
- [ ] Examine necessity of custody
- [ ] Consider statutory bail provisions
- [ ] Apply regular bail considerations
SPECIAL CIRCUMSTANCES CHECKLIST
For PMLA Cases (Section 19 PMLA):
- [ ] Verify grounds communicated "as soon as may be"
- [ ] Check compliance with PMLA-specific requirements
- [ ] Apply constitutional mandate despite special law provisions
For UAPA Cases:
- [ ] Ensure constitutional protections not diluted by special law
- [ ] Verify detailed grounds specific to accused
- [ ] Apply heightened scrutiny for constitutional compliance
For Cases under BNSS 2023:
- [ ] Check Section 35 and Section 47 compliance
- [ ] Verify notice-cum-intimation requirements
- [ ] Ensure constitutional mandates maintained under new law
DOCUMENTATION REQUIREMENTS FOR COURT RECORDS
Order Content Must Include:
- [ ] Specific constitutional provisions examined
- [ ] Timeline of arrest and ground communication
- [ ] Reasons for finding compliance/violation
- [ ] Legal precedents relied upon
- [ ] Specific relief granted
Case Citations to Reference:
- [ ] Prabir Purkayastha v. State of NCT of Delhi (2024) 8 SCC 254
- [ ] Vihaan Kumar v. State of Haryana (2025 INSC 162)
- [ ] Harikisan v. State of Maharashtra (1962)
- [ ] Arnesh Kumar v. State of Bihar (2014)
COMMON ERRORS TO AVOID
Do NOT:
- [ ] Treat constitutional compliance as mere formality
- [ ] Accept "reasons" in place of "grounds"
- [ ] Allow post-facto compliance during remand hearing
- [ ] Overlook constitutional violations due to case gravity
- [ ] Accept oral communication as sufficient
Do NOT Accept:
- [ ] Generic arrest memo without specific grounds
- [ ] Delayed communication of grounds
Computerized formats without grounds provision
- [ ] Via media solutions reducing constitutional rights to farce
EMERGENCY PROTOCOLS
If Constitutional Violation Found After Remand:
- [ ] Immediately review custody order
- [ ] Consider suo moto bail application
- [ ] Order immediate release if violation confirmed
If Higher Court Intervention Required:
- [ ] Document constitutional issues clearly
- [ ] Seek guidance on systemic violations
- [ ] Report pattern of non-compliance
TRAINING AND SENSITIZATION
Continuous Education Requirements:
- [ ] Stay updated on latest Supreme Court judgments
- [ ] Understand evolving constitutional jurisprudence
KEY CONSTITUTIONAL PRINCIPLES TO REMEMBER
1. Constitutional Rights are Paramount: Articles 21 and 22 override statutory restrictions
2. Immediate Action Required: "Forthwith" means no delay permitted
3. Meaningful Compliance: Form and substance both matter
4. Individual Responsibility: Each judge must actively protect fundamental rights
