'No Arrests To Be Made Without Providing Grounds & Reasons': UP Govt Assures Allahabad HC Of Strict Compliance With BNSS
Sparsh Upadhyay
11 May 2026 2:10 PM IST
The Uttar Pradesh Government recently assured the Allahabad High Court that a serious endeavour would be made to ensure that no arrest would be made in the state without giving the reasons and grounds for arrest to the arrestee.
Additional Advocate General Vinod Kumar Shahi further apprised the Court that he has already written to the State's Additional Chief Secretary (Home) and Director General of Police to strictly follow the directions issued by the Supreme Court in Mihir Rajesh Shah Vs. State of Maharashtra 2025 LiveLaw (SC) 1066.
A bench of Justice Abdul Moin and Justice Pramod Kumar Srivastava took both the submissions on record.
For context, in Mihir Rajesh Shah, the Top Court had clarified that the failure of the Police to provide the grounds of arrest in writing to an arrestee at least 2 hours before his production before the Magistrate would render the arrest and subsequent remand illegal.
The submission was made by the AAG Shahi before the division bench, which was dealing with a Habeas Corpus Writ plea moved by one Santosh Gupta through his nephew, challenging his arrest and remand.
Considering the consensus at the bar that the matter was squarely covered by the recent HC judgment in the case of Manoj Kumar Vs. State of U.P. and Others 2026 LiveLaw (AB) 265, the bench allowed the plea.
"A writ of habeas corpus is issued declaring the arrest of the petitioner as illegal. The remand order dated 10.04.2026, a copy of which is Annexure-1 to the petition, being consequential to the illegal arrest of the petitioner, as passed by learned Chief Judicial Magistrate, Balrampur, is also set aside", the bench stated in its order.
The petitioner was directed to be set free forthwith, provided he is not wanted in any other case. However, it has been made open for the respondents/authorities to proceed against the petitioner in accordance with the law.
At this stage, AAG Vinod Kumar Shahi stated that a serious endeavour would be made to ensure that no such arrest is made in the State without giving the reasons and grounds for arrest to the person being arrested and that such arrest would be strictly in consonance with the provisions of the BNSS, 2023.
Our readers may note that recently, in the Manoj Kumar case, the Allahabad High Court directed the Uttar Pradesh Government to pay Rs. 10 Lakh compensation to a man over his illegal arrest and incarceration for over 3 months.
A bench of Justice Abdul Moin and Justice Pramod Kumar Srivastava had noted that the State authorities had curtailed the petitioner's personal liberty by failing to provide him with the written grounds of arrest.
This, the Court said, had violated his Fundamental Right under Article 22(1) of the Constitution of India.
Read more about the case here : Allahabad High Court Directs UP Govt To Pay ₹10 Lakh Compensation To Man Over 3-Month Illegal Detention
Case title - Santosh Gupta Thru. Her Nephew Nitin Gupta vs. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and 4 others 2026 LiveLaw (AB) 268
Case Citation: 2026 LiveLaw (AB) 268