NEW DELHI, Nov 5: The Supreme Court on Thursday held that the 24-hour period for producing a person before a Magistrate began from the moment of detention and not from formal arrest.<\/p>
A Bench headed by Justice Ujjal Bhuyan said detention and arrest both restricted an individual’s fundamental right to liberty.<\/p>
The court said fundamental rights prevailed even over special laws such as the Unlawful Activities (Prevention) Act and the Prevention of Money Laundering Act, under which the right to bail was heavily restricted.<\/p>
It said a person must be released if detention extended beyond 24 hours without production before a Magistrate. At the time of production, the Magistrate must record the exact date and time of detention to verify compliance with the 24-hour limit.<\/p>
“Article 22(2) does not sanction exclusion of the time taken for inquiry or investigation before the arresting authority could effect arrest of the detainee. This is beyond the mandate of clause (2) of Article 22. The only exception the Constitution itself provides is the time necessary for the journey from the place of arrest to the court of the magistrate,” Justice Bhuyan wrote.
