Lawfully yours: By Retired Justice K Chandru | Refusal to share grounds of arrest breaches Fundamental Rights enshrined in Constitution

Refusal to share grounds of arrest breaches Fundamental Rights enshrined in Constitution

In the case of Sonam Wangchuk’s arrest for leading Ladakh protests, it’s shocking that the central government refused to reveal the grounds of arrest — even to his wife seeking his release — during a Supreme Court hearing. Is merely informing an arrested person of the reasons enough when he’s already in custody and unable to challenge wrongful action? Can a government withhold such information by citing stringent laws?

— R Manickam, Nungambakkam, Chennai

For pre-trial detainees, there is a triple guarantee of enforceable fundamental rights: (1) the right to be informed of the grounds of arrest, (2) the right to consult a lawyer of one’s choice, and (3) the right to be produced before a judicial magistrate within 24 hours. In the US, these are known as Miranda Rights, created by the courts, but in India, our Constitution itself grants them to every person, not just citizens. Even Ajmal Kasab, the Mumbai terror attacker, was given these rights. Hence, the central government’s failure to furnish the grounds of arrest is constitutionally indefensible.

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Unregistered 11-month rental agreement holds little legal value; avoid costly litigation

This concerns an 11-month tenancy agreement. I rented my house under a renewable 11-month contract stating that if the tenant vacates midway, he must forgo one month’s rent for maintenance before re-letting, even after giving three months’ notice. The tenant stayed only six months and now wishes to vacate suddenly for personal reasons. I agreed, provided one month’s rent is forfeited from the deposit, along with deductions for any pending electricity or water charges. Is this action, as per the agreement, legally valid? If the tenant refuses to comply with the signed terms, how can I recover the amount?

— Easwaran Rajaraman, Madhavaram, Chennai

These 11-month rental agreements are typically executed to avoid stamp duty, and as of now, they have limited legal validity. Under current law, such agreements must be registered with the Revenue Department to be enforceable. The saying “penny-wise, pound-foolish” applies here. You should be thankful the tenant is leaving peacefully without disputes. Going to court could take years to settle such matters. It’s wiser to recover the house in a livable condition, let go of minor claims, and avoid unnecessary litigation.