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An illegal arrest occurs when a person is taken into custody without proper legal justification or without

following the required procedures. It is a violation of a person's fundamental rights and can result in
serious legal consequences for the arresting officer or agency.

Under Indian law, an arrest must be made with a valid warrant or if the arresting officer has reason to
believe that a person has committed a cognizable offense. The person being arrested must also be
informed of the reasons for their arrest and be given the right to legal representation.

If an arrest is made without a warrant or without following proper procedures, it is considered illegal.
The person who has been illegally arrested can file a writ of habeas corpus in court, which requires the
police to produce them before a judge to determine the legality of the arrest.

An illegal arrest can lead to the arresting officer or agency being held liable for damages, and it can also
result in criminal charges being filed against them. It is important for the police to follow proper
procedures when making an arrest to avoid any legal consequences.

If a person believes they have been illegally arrested, they should seek legal assistance immediately to
protect their rights and ensure that the arrest is reviewed by the appropriate legal authorities.

One recent case related to illegal arrest in India is that of Arnab Goswami, a popular news anchor and
journalist. In November 2020, Goswami was arrested by the Mumbai Police in connection with a 2018
abetment to suicide case.

The arrest was made without a warrant and Goswami was reportedly not informed of the reasons for his
arrest. The arrest was widely criticized by many, including political leaders and journalists, who alleged
that it was politically motivated.

Goswami filed a writ of habeas corpus in the Bombay High Court, which ordered his release from
custody. The court also criticized the police for not following proper procedures and for the manner in
which the arrest was made.

The case sparked a nationwide debate about the freedom of the press and the independence of the
judiciary. It also highlighted the importance of following proper legal procedures when making an arrest.

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