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Madras High Court Orders Relocation Of EV Ramasamy's Statue From Temple Land To Some Other Suitable Place
Supreme Court's new important ruling on 'arrest' and 'detention' :
1. The period of 24-hours [for production before the Magistrate] in terms of Article 22 would commence from the date and time of detention of the person detained, when his liberty stands curtailed, and not from the time of his formal arrest.
2. In the event such detention continues beyond 24 hours, before the person is produced before the Magistrate, he shall be forthwith released from custody.
3. While computing the 24-hour deadline, no other time period is permitted to be excluded therefrom, except the time necessary for journey from the place of arrest to the Court of the Magistrate.
4 .The decisions of the Orissa High Court in Aryama Pattnaik, Madras High Court in Kannan, and Kerala High Court in Arun K Thomas, do not lay down the correct law qua interpretation of Article 22(2).
5. The detaining authority should keep in mind not only the 24-hour deadline mandated by Article 22(2) but also ensure that such detention should not extend beyond the reasonable period within the 24-hour period considering the circumstances of the case in terms of Section 58 of BNSS.
6. At the time of production, the Magistrate is duty-bound to record the actual date and time of detention of the person produced before him when his liberty stood curtailed, and examine whether the 24-hour deadline has been complied with or not from the time of suchc detention. If there is a breach of 24-hour deadline, the concerned person shall be fortwith released from detention.
7. The Magistrate shall also examine at the time of production whether the detention of the person produced, though within the time frame of 24 hours, has exceeded the period which can be construed to be reasonable in the circumstances of the case. If he is satisfied that the detention in custody has been for a longer period than what is reasonable, he may decline remand.
The 24-hour period to produce an accused before Judicial Magistrate runs from the time of detention and not just from the time of formal arrest : Supreme Court
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