On 15th September 1949, H.V. Kamath [CP Berar: General] spoke at the Constituent Assembly as follows;
“It is a well-known fact that the Police or other Authorities or Person arresting or detaining people are not always actuated by the justest and the fairest of motives. As one who has spent a few years in the administrative field – in the administration of a District – I am well aware myself how the Police arrest people for reason wholly unconnected the security or order and sometimes nearly with a view to paying off old scores or wreaking private vengeance in order to obviate or at least mitigate evils or the harm that might accrue from unjust arrest of people by the Police or other Authorities. I wish to provide through this Amendment specifically that the person arrested shall be informed of the grounds of his arrest within 7 days following his arrest. The words used in this Article moved by Dr. Ambedkar, “as soon as may be.” I will be happy if the person is informed of the grounds even at the time of the arrest.”
Honourable Dr. B.R. Ambedkar: That is the intention. You are worsening the position of the Amendment.
Honourable H. V. Kamath: Why not then make it specifically? I would welcome the substitution for the words “as soon as may be” by the word, “immediately.” My Friend, Srimathi Poornima Banerjee has also moved an Amendment to the same Article, where she wishes to substitute the word, “as soon as may be” by not less than fifteen days, I think 15 days is too far long a period. I think 24 hours would be the best. In any case if there is any hitch in informing arrestee of the ground of his arrest. I think in no case should it exceed more than a week.
Honourable Dr. B. R. Ambedkar: I must tell Honourable Friend, Mr. Kamath that he is worsening the position of our intention that the words as soon as possible really mean immediately after arrest if not before the arrest. [2] Says that every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of 24 hours of such arrest. No Magistrate can exercise his authority, if permitting longer detention unless he knows that the charges on which a man has been detained.
Honourable H. V. Kamath: I know a little of the Criminal Procedure. I have known of cases, where Magistrates have remanded persons for 15 days at a stretch without the police filing a Challan or Chargesheet before it. I know of Magistrates who have remanded persons without caring to go into the prima facie merits of the case. Another thing that Dr. Ambedkar said was that the words “as soon as may be” really mean “immediately.”
Honourable Dr. B. R. Ambedkar: it means in any case within 24 hours.
Honourable H. V. Kamath: I invite his attention to certain articles where the words as soon as may be have been used without any specific connotation. Take for instance Article 220, 280 which relates to the emergency powers of the prisoners.
Honourable Dr. B. R. Ambedkar: The interpretation of the meaning of the words as soon as may be must differ with the context.
Comment: Instead of, as soon as may be or immediately or sooner and similar such expressions, we shall make a playground for Lawyers and Magistrates to interpret as they please at the costs of an Arrested Person. It would be better, if the grounds of arrest are informed before the arrest.