That Article 22 (2) of the Constitution speaks about two precious rights of accused arrested by the Police. In a given case if Police confined accused in their custody in police station for 4 to 6 or even 14 days without Magisterial remand under CrPc, but subsequently remanded by JMFC to Judicial custody, is it proper to say that the initial illegality is cured by subsequent magisterial remand as Judicial remand? If we are to accept the curability of the injunction imposed by the Constitution, that Article will remain just a mere exhortation and a piece of decoration in the constitution of India, and the said fundamental rights should be relegated to mere rights and not a FR. Your comment will be highly appreciated.
