UAPA Arrests Can Be Quashed If Mandatory Written Grounds Not Given: Supreme Court

The Supreme Court, in a bench comprising Justices M.M. Sundresh and Vipul M. Pancholi, quashed the arrest and remand of three individuals under the Unlawful Activities (Prevention) Act (UAPA) and related IPC provisions.

The Court held that the appellants were not furnished written grounds of arrest at the time of detention, and explanations given during remand or to counsel later did not satisfy the mandatory requirement of Section 43B.

The Court rejected the NIA’s contention and relied on precedents emphasising that immediate written notice is essential.

The Madras High Court’s order upholding the arrest was set aside, while liberty was granted to law enforcement to arrest if legally justified.

[Ahmed Mansoor and others v The State]