The Supreme Court on Thursday agreed to hear a petition filed by the Karnataka government challenging an order of the high court, which allowed release of a murder accused for not being informed about the grounds of his arrest, applying retrospectively the rule laid down by the top court in an October 2023 judgment. The top court posted the matter on July 18 (ANI)

“We are of the opinion that the matter requires consideration. Issue notice,” a bench of justices KV Viswanathan and N Kotiswar Singh said.

The Karnataka government, represented by senior advocate Siddharth Luthra and advocate DL Chidanand, said the state’s high court misread the October 3, 2023 top court judgment in Pankaj Bansal vs Union of India case that held “henceforth” it would be necessary to furnish a copy of written grounds of arrest to the accused as a matter of course and without exception.

The bench posted the matter on July 18 after noting that another bench of the apex court on April 22 reserved its verdict in a separate plea over the issue whether the Bansal judgment applies to offences under the erstwhile Indian Penal Code (IPC) and whether non-supply of written grounds of arrest vitiates arrest.

To be sure, the Bansal verdict was passed in the context of Prevention of Money Laundering Act (PMLA). In May 2024, the top court in Prabir Purkayastha case extended this rule even to offences under the Unlawful Activities (Prevention) Act (UAPA).

In its plea, the Karnataka government challenged an April 17 judgment of the high court, which retrospectively applied the Bansal rule to grant relief to an accused in a case of murder under Section 302 of IPC. The accused was arrested on February 17, 2023. He, however, challenged his arrest in the high court in March this year alleging that the police did not supply him with written grounds of arrest but only conveyed the “reason for arrest”. The high court ruled in his favour.

“Old arrests will be raked up now,” the top court bench observed as Luthra pointed out that more than 50 cases are pending in the Karnataka high court where the arrest under various offences of IPC and other enactments is under challenge for non-supply of written grounds of arrest.

“This order (of the HC) is likely to impact pending cases where this order will be cited as precedent,” Luthra said.

The senior advocate also pointed out that on April 22 this year, a separate bench of the top court reserved orders on the issue whether Bansal judgment will apply to IPC offences and whether non-supply of the same vitiates arrest.

“The outcome of this judgment (on separate petition) will have a bearing on finally deciding this matter. Place this matter for further consideration on July 18,” the bench said.

The court also issued notice to the murder accused for his response on the plea.