Remand plea rejected; failure to provide written grounds of arrest termed violation of BNSS and constitutional rights
Anantnag, Apr 25: A local court in Anantnag granted interim bail to four accused in the GMC vandalism case after finding violations in arrest procedures under BNSS 2023.
Details available with news agency Kashmir News Corner — KNC, The case pertains to FIR No. 118/2026 registered at Police Station Anantnag under relevant sections of the Bharatiya Nyaya Sanhita (BNS) and the Prevention of Public Property Damage (PPD) Act.
However, during the proceedings, the court primarily examined the procedural legality of the arrests carried out by the investigating agency.
During arguments, the defence counsel, Advocate Syed Suhail Haqani, challenged the validity of the detention, contending that the Investigating Officer failed to furnish the mandatory “grounds of arrest” in writing to the accused.
He argued that merely preparing an arrest memo does not fulfill the constitutional requirement under Article 22(1), which mandates that arrested persons must be informed of the grounds of arrest.
The court observed that compliance with procedural safeguards is not optional and forms the backbone of personal liberty. Taking note of the lapse, the court rejected the police remand application and granted interim bail to the accused, underscoring the importance of adherence to due process under the newly enacted BNSS 2023.
Pertinently, the accused were arrested following an incident at Government Medical College (GMC) Anantnag, where a group allegedly created a disturbance inside the hospital premises, damaged property, and assaulted on-duty medical staff.
The unrest reportedly erupted after a family alleged medical negligence in the death of their mother, triggering protests and vandalism within the hospital premises.
The court’s ruling is being seen as a significant reminder to law enforcement agencies to strictly adhere to legal procedures while exercising powers of arrest, ensuring that constitutional protections of individuals are upheld at all times. (KNC)
