In a significant judgment concerning personal liberty and constitutional safeguards, the Lucknow Bench of the Allahabad High Court held that the arrest of Manoj Kumar was illegal because the police failed to furnish proper written grounds of arrest as mandated by Article 22(1) of the Constitution and the Supreme Court's ruling in Mihir Rajesh Shah v. State of Maharashtra.
The case arose from FIR No. 244 of 2024 registered at Police Station Asiwan, District Unnao. Manoj Kumar was arrested on 27 January 2026 and remanded to judicial custody on 28 January 2026. However, the arrest memo merely mentioned the case crime number and did not disclose the actual grounds of arrest. The petitioner challenged both the arrest and the remand order through a Habeas Corpus Petition.
The High Court relied heavily on the Supreme Court's landmark decision in Mihir Rajesh Shah, which held that communication of grounds of arrest is not a mere procedural formality but a mandatory constitutional safeguard flowing from Articles 21 and 22 of the Constitution. The Court observed that without being informed of the specific grounds of arrest, an accused person cannot effectively seek legal advice, oppose remand, or apply for bail.
After examining the arrest memo, the High Court found that the mandatory requirement had not been complied with. Consequently, it declared the arrest illegal and further held that the remand order, being a consequence of the illegal arrest, could not survive. Applying the principle that once the foundation falls, the superstructure collapses, the Court quashed the remand order and directed the release of the petitioner.
The Court expressed serious concern over the conduct of the State authorities and noted that despite the clear law laid down by the Supreme Court, the constitutional safeguards had been ignored. It also criticized the response filed on behalf of the State and observed that the petitioner had remained incarcerated for more than three months because of an arrest that was contrary to law.
Relying upon the Supreme Court decision in Rini Johar v. State of Madhya Pradesh, which recognized compensation as a public law remedy for illegal deprivation of liberty, the High Court imposed exemplary costs of ₹10 lakh upon the State Government. The Court directed that the amount be paid to the petitioner, with liberty to the State to recover the amount from the responsible officials in accordance with law.
However, the matter did not end there. The State of Uttar Pradesh challenged the High Court judgment before the Supreme Court by filing Special Leave Petition (Criminal) No. 10354 of 2026. On 22 June 2026, the Supreme Court issued notice in the matter and granted interim protection to the State by staying only that part of the High Court judgment which imposed the ₹10 lakh cost. Importantly, the Supreme Court's interim order specifically stayed the compensation directions contained in paragraphs 13 and 16 of the High Court judgment.
Thus, as of now, the Supreme Court has not stayed the High Court's findings regarding the illegality of the arrest or the quashing of the remand order. The interim stay presently operates only against the recovery/payment of the ₹10 lakh compensation pending further consideration of the case.
The case has become an important development in the evolving jurisprudence on "grounds of arrest" after Mihir Rajesh Shah and highlights the increasing judicial emphasis on strict compliance with constitutional safeguards protecting personal liberty.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
HABEAS CORPUS WRIT PETITION No. - 137 of 2026
Manoj Kumar Thru. His Son Mudit Kumar …Vs …State of U.P. and 4 others
https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=13348792
https://drive.google.com/file/d/1ryd5uAJp3At_I3HO4ecsj3CmoyjQHHE9/view?usp=drive_link
Supreme Court of India
State of UP …Vs… Manoj Kumar
Diary Number 33126/2026 SLP(Crl) No.-010354 - 2026
Interim Order dt. 22.06.2026
https://api.sci.gov.in/supremecourt/2026/33126/33126_2026_3_24_71867_Order_22-Jun-2026.pdf
https://drive.google.com/file/d/1xbK5nxUGeZhDDa-2lZ81tSOto0nZo-n-/view?usp=drive_link
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