Jaskaran

Posted on by Rudrajyoti Nath Ray

In the course of hearing on 21.09.2026, an important issue cropped up, which, it appeared, had not been argued before High Court.

In Jaskaran Jeet Singh Deol v. State of Punjab, 2026 SCC OnLine SC 1939 we reminded ourselves, interpretation of the Constitution cannot be left to imponderables in form of ifs and buts. The words appearing in Article 22(2) – ‘arrested’ and ‘detained’ – are synonymous. Any attempt to draw an artificial distinction between ‘arrest’ and ‘detention’ would dilute or negate the fundamental protection guaranteed by Article 22(2). Such an endeavour should be avoided.

There is a gap of 18 hours from the conclusion of the search and seizure procedure and the formal arrest of Sujit, Suman and Rupak. The detention was not only in breach of Article 22(2) but was for a period beyond what can be construed to be reasonable.

– Hon’ble Justice Ujjal Bhuyan, Sujit Das v. Union of India, [Special Leave Petition (Criminal) Nos. 12451-12453 of 2026] decided on 05.11.2026.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.