The Supreme Court agreed on Thursday (June 26, 2025) to hear a petition by the State Police against the Karnataka High Court dismissed by the Karnataka High Court."Text-Align: justify;"> The High Court had rejected the order of the subordinate court associated with custody, saying that the accused was not told the basis of arrest. Justice K. V. Vishwanathan and Justice N. The bench of Kotishwar Singh said that there is a need to consider the matter.
The bench said, ‘There is a need to consider this matter. Issue notice on special permission petition and adjournment application. In its order of April 17, the High Court quashed the remand order of the subordinate court passed on 17 February 2023 and directed the person to be released from custody under certain conditions.
The Supreme Court issued a notice to a person arrested on 17 February 2023 in a case of murder in Hassan district to respond to the petition. Senior advocate Siddharth Luthra appeared in the apex court on behalf of the police.
The bench said that in a separate petition on the issue of arrest, the Supreme Court reserved its verdict on 22 April. The bench said, ‘The result of this decision (on a separate petition) will play an important role in the final verdict on the matter. The case should be kept on 18 July to consider. ‘
Luthra said that a large number of cases are pending in the High Court, where it is likely that the order given before the apex court in the current case will be quoted as an example. The bench told Luthra, ‘You should show a copy of this order to the High Court. We are waiting for it, they should also wait. ‘
The order of the High Court said that the petitioner was not given any information about the basis of the arrest as soon as possible and it is a distant thing to make the written form about the basis mentioned in the decisions given after the arrest. The Supreme Court will consider the separate petition on which the verdict was reserved on 22 April.
The court will consider whether in every case, even in the act of crime under the previous Indian Penal Code (IPC), it is necessary to tell Aadhaar before or after arrest.
It will also consider whether in exceptional cases, where it is not possible to inform the basis of arrest or immediately after arrest due to some imperatives, whether arrest will be considered invalid on the basis of not complying with the provisions of Section 50 of the then Criminal Procedure Code (CRPC). Section 50 of CRPC provides to inform the arrested person about the basis of arrest and the right to bail.