Supreme Court Ruling In Mihir Rajesh Shah Case on Written Grounds Operates Prospectively: Delhi HC

The Delhi High Court has dismissed a writ petition challenging the legality of an arrest holding that the Supreme Court’s recent mandate in the case of Mihir Rajesh Shah v. State of Maharashtra requiring written communication of grounds of arrest operates prospectively and cannot invalidate arrests made prior to that ruling. The Bench of Justice Vivek Chaudhary and Justice Manoj Jain rejected the plea of the petitioner, who was arrested in February 2024 in connection with a case registered under Sections 302, 307 and 34 of the Indian Penal Code, alleging murder and attempt to murder. The petitioner had approached the High Court under Articles 226 and 227 of the Constitution, contending that his arrest was unconstitutional as the police failed to communicate the grounds of arrest, in violation of Articles 21 and 22(1) of the Constitution. He also challenged the trial court’s order rejecting his application for regular bail. The principal argument advanced was that the arrest was illegal in light of recent Supreme Court judgments, including Pankaj Bansal v. Union of India, Prabir Purkayastha v. State (NCT of Delhi), Vihaan Kumar v. State of Haryana and Mihir Rajesh Shah v. State of Maharashtra, which emphasize strict compliance with the constitutional requirement of informing an arrestee of the grounds of arrest. The petitioner further sought parity with a co-accused who had been granted bail after his arrest was declared illegal by the trial court. The state argued that a writ petition was not maintainable for grant of bail and that the petitioner was fully aware of the grounds of his arrest from the very inception. It was submitted that the prosecution case had been clearly set out in the remand papers, the petitioner was represented by counsel from day one, and no prejudice was caused to him. The High Court undertook a detailed analysis of the evolving jurisprudence on the requirement of communicating grounds of arrest. It noted that Article 22(1) of the Constitution and Section 50 of the CrPC (now Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023) mandate that an arrested person must be informed of the grounds of arrest at the earliest. Referring extensively to the Supreme Court’s decision in Mihir Rajesh Shah, the Bench acknowledged that the apex court has now crystallised the law by mandating written communication of grounds of arrest in all cases, subject to limited exceptions, and has held that non-compliance would render the arrest and subsequent remand illegal. However, the High Court emphasized that the Mihir Rajesh Shah ruling was delivered on November 6, 2025, whereas the petitioner’s arrest had taken place on February 7, 2024. The Bench held that the requirement of uniform written communication of grounds of arrest, as laid down in Mihir Rajesh Shah, operates prospectively and cannot be applied retrospectively to invalidate arrests made earlier. The Court also found that the petitioner had clear and contemporaneous knowledge of the substance of the allegations and the basis of his arrest, as reflected from the remand proceedings. Importantly, the petitioner failed to demonstrate any prejudice caused to him due to the alleged procedural lapse. Relying on the Supreme Court’s ruling in State of Karnataka v. Sri Darshan, the High Court reiterated that while compliance with Section 50 CrPC is mandatory, courts must apply a “prejudice-oriented test,” and mere absence of written grounds does not automatically render an arrest illegal unless it results in demonstrable prejudice. The plea for parity with the co-accused was also rejected, as the State informed the Court that an application seeking cancellation of the co-accused’s bail was already pending consideration. The Court held that the challenge to the arrest failed on three counts. Firstly, the Supreme Court’s mandate on written grounds of arrest applies prospectively. Secondly, the petitioner was aware of the grounds of his arrest from the outset. Lastly, there was no demonstrated prejudice, coupled with an inordinate delay of over one year and nine months in raising the grievance. The court dismissed the writ petition was dismissed, leaving the rejection of bail undisturbed. Case Details Case Title: Karan Singh Versus NCT Delhi Case No.: W.P.(CRL) 4203/2025 Date: 23.01.2026 Counsel For Petitioner: Chetan and Ms. Madhu Sharma Counsel For Respondent: Sanjay Lao, St. Counsel (Crl.) Click Here To Read Order Read More: No Prior Demand Notice Required Before Conciliation in Apprehended Industrial Disputes: Supreme Court

Supreme Court Ruling In Mihir Rajesh Shah Case on Written Grounds Operates Prospectively: Delhi HC

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Supreme Court Ruling In Mihir Rajesh Shah Case on Written Grounds Operates Prospectively: Delhi HC

Membership Required

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