Former Chief Justice BR Gavai on Undertrial Rights and Written Grounds for Arrest

This special report features former Chief Justice of India BR Gavai discussing prison reforms, the plight of undertrial prisoners, and a significant judgment regarding the rights of the accused. Justice Gavai elaborates on the work of the National Legal Services Authority (NALSA) in securing the release of elderly and ailing inmates and explains the rationale behind the Supreme Court's ruling on providing written grounds for arrest. He states, 'to balance the rights, we have said that the statute mandates that such an accused has to be produced before the magistrate within a particular period and the reason for supplying grounds of arrest is that the accused must know why he is being arrested'. The discussion also touches upon the complexities of applying this rule in cases involving national security, though Justice Gavai refrains from commenting on the sub judice case of Sonam Wangchuk.