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Constitutional Law-1-Assignment 2-Part A - Article 22

 Article 22 – Protection of Rights in Case of Arrest and Detention

1. Introduction

Article 22 of the Indian Constitution provides protection to individuals against arbitrary arrest and detention. It lays down the rights of a person who is arrested and the procedures that must be followed by authorities. This article ensures personal liberty and safeguards against misuse of power by the state.

📌 Definition:
✔️ Article 22 guarantees fundamental rights to an arrested person by providing legal procedures for detention and protection from wrongful imprisonment.
✔️ It applies to both citizens and non-citizens of India.

💡 Example:
If a person is arrested without being informed of the reason, it violates Article 22, and they can challenge their detention in court.

2. Key Provisions of Article 22

Article 22 consists of two categories of protection:
1️⃣ Protection for ordinary arrests (Clauses 1 & 2).
2️⃣ Protection against preventive detention (Clauses 3 to 7).

💡 Significance:
✔️ Ordinary arrests must follow strict legal procedures, ensuring fair treatment.
✔️ Preventive detention allows authorities to detain a person before a crime is committed to prevent threats to national security.

3. Explanation of Key Rights Under Article 22 (Clauses 1 to 7)

Article 22 is divided into seven clauses, which provide protection against arbitrary arrest and detention. These clauses can be grouped into two broad categories:

  1. Clauses (1) & (2) – Protection for ordinary arrests
  2. Clauses (3) to (7) – Protection and rules for preventive detention

Let’s examine all seven clauses in detail:

🔹 Clause (1) – Right to be informed of the reason for arrest

  • Any person who is arrested must be informed of the reason for their arrest as soon as possible.
  • This prevents arbitrary arrests by police or government authorities.
  • The reason must be clearly stated, and the accused has the right to question the legality of the arrest.

📌 Example: If a journalist is arrested for writing an article, the police must inform them of the specific law or offense they violated.

🔹 Clause (2) – Right to be presented before a magistrate within 24 hours

  • The arrested person must be produced before a magistrate within 24 hours of the arrest.
  • This ensures that no person is illegally detained by the police.
  • If the police fail to present the person before a magistrate within 24 hours, the detention becomes illegal, and the person must be released.

📌 Example: If the police arrest a protestor, they must take them to court within 24 hours; otherwise, the detention violates Article 22(2).

🔹 Clause (3) – Preventive Detention & Denial of Certain Rights

  • Clause (3) states that the rights provided in Clauses (1) & (2) do not apply to preventive detention cases.
  • In ordinary arrests, a person has rights, but in preventive detention:
    ✅ The detained person may not be informed of the reason for detention.
    ✅ The person may not be presented before a magistrate within 24 hours.

📌 Example: If a person is detained under the National Security Act (NSA), they may not be immediately told the reason for their detention.

🔹 Clause (4) – Maximum Period of Preventive Detention Without Review

  • A person cannot be kept in preventive detention for more than 3 months unless an Advisory Board reviews the detention.
  • The Advisory Board, headed by a judge, will decide whether the detention is justified.
  • If the board does not approve, the detainee must be released immediately.

📌 Example: If someone is detained under the UAPA Act for alleged terrorist links, their detention cannot exceed 3 months unless reviewed by an Advisory Board.

🔹 Clause (5) – Right of the Detained Person to Make a Representation

  • A person under preventive detention has the right to challenge their detention.
  • They can submit a representation to the government explaining why their detention is unfair.
  • The government must consider the request and provide a justification for continued detention.

📌 Example: A businessman detained for economic offenses under COFEPOSA can appeal to the government, requesting release.

🔹 Clause (6) – Government’s Power to Withhold Information

  • The government has the authority to refuse disclosure of certain facts related to the detention.
  • If revealing the reason could affect national security or public interest, the government can deny information.
  • This clause is often used in cases related to terrorism, espionage, and national security threats.

📌 Example: If a foreign national is detained under the Official Secrets Act, the government may not disclose full details of the case.

🔹 Clause (7) – Parliament’s Power to Extend Detention Beyond 3 Months

  • Parliament has the authority to pass laws allowing detention beyond 3 months.
  • This applies in cases involving serious threats to national security, law and order, or economic stability.
  • Parliament can define specific conditions under which extended preventive detention is justified.

📌 Example: The Unlawful Activities (Prevention) Act (UAPA) allows detention for more than 3 months in terrorism-related cases.

4. Case Study: Recent Supreme Court Case on Article 22

📌 Case Name: P. Gopalakrishnan v. State of Kerala (2023)

➡️ Background of the Case:

  • P. Gopalakrishnan, a journalist from Kerala, was arrested under the Unlawful Activities (Prevention) Act (UAPA), 1967, while traveling to report on a communal incident.
  • He was accused of having links with banned organizations and was preventively detained without trial.
  • His lawyers challenged the detention, arguing that:
    ✔️ He was not informed of the specific charges.
    ✔️ He was not allowed legal representation.
    ✔️ His detention exceeded 3 months without proper review.

➡️ Arguments by the Petitioner (Journalist’s Lawyers):

  • The detention violated Article 22(1) & (2) because he was not informed of the reasons for arrest.
  • The government misused preventive detention laws to suppress press freedom.
  • There was no concrete evidence linking him to any terrorist activity.

➡️ Arguments by the Government:

  • The government justified the detention under Article 22(3) to (7), claiming that:
    ✔️ The journalist was a threat to public order.
    ✔️ Disclosing the full reason could compromise national security.
    ✔️ The detention was approved under preventive detention laws, which do not require immediate judicial oversight.

➡️ Supreme Court Verdict:
✔️ The Supreme Court ruled that preventive detention laws must be used only in exceptional cases.
✔️ The government failed to justify the detention beyond 3 months without proper review.
✔️ The journalist was released, and the court emphasized that Article 22 must be balanced with individual rights.

➡️ Key Takeaways from the Case:
✔️ Misuse of Preventive Detention: The case highlighted government overreach in preventive detention cases.
✔️ Supreme Court’s Role in Protecting Rights: The court ensured that Article 22 is not misused to silence journalists or political activists.
✔️ Strengthening Due Process: The judgment reinforced the importance of judicial review in preventive detention cases.

5. Important Supreme Court Judgments on Article 22

1. A.K. Gopalan v. State of Madras (1950) – Preventive Detention Valid

✔️ The Supreme Court ruled that preventive detention is constitutional, but must follow legal procedures.

2. Maneka Gandhi v. Union of India (1978) – Strengthened Article 21 & 22

✔️ The Supreme Court held that arrest and detention must follow the principles of natural justice.

3. D.K. Basu v. State of West Bengal (1997) – Guidelines on Arrest

✔️ The court issued guidelines to prevent custodial torture and protect prisoners' rights.

6. Conclusion

✔️ Article 22 balances individual freedom and national security.
✔️ It protects citizens from arbitrary arrests, while also allowing preventive detention to maintain law and order.
✔️ However, misuse of preventive detention laws must be prevented through strict judicial oversight.
✔️ The Supreme Court and High Courts play a vital role in ensuring fair implementation of Article 22.

Thus, while Article 22 is necessary for national security, its misuse must be checked to uphold democracy and human rights. 🏛📜

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