India, Sept. 22 -- The Supreme Court has put a much-needed constitutional check on the power of re-arrest. Its latest ruling, requiring prior judicial approval before an accused can be re-arrested after being released for violation of Article 22(1), sends an unambiguous message that a breach of a fundamental right cannot be followed by an unchecked repetition of the same executive power.

The judgment prescribed safeguards that make accountability integral to the arrest process. Once an arrest is held illegal for failure to furnish written grounds, the police must provide these, then approach the magistrate, explaining both the earlier lapse and the necessity for custody. The application must be endorsed by the immediate superior officer....