Supreme Court rules that re-arrest after a breach of Article 22(1) needs a Magistrate's permission

21 September 2026

A Supreme Court bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar delivered its judgment in Jaskaran Jeet Singh Deol v. State of Punjab (2026 INSC 1022) on 21 September 2026.
It held that once a person is released because the grounds of arrest were not furnished as required by Article 22(1), the police cannot re-arrest at their own discretion.
The investigating agency must apply to the Magistrate, with the application endorsed by the superior of the officer who made the first arrest.
The investigation must pass to another officer and a departmental inquiry must follow; re-arrest is allowed only if the Magistrate is satisfied.
The Court said Article 22(1) applies to every arrest, including under special statutes, and that such a release is not bail.