Article 21: Twist in the Tale

Yaar, I saw a question on the Judicial Services exam that had me thinking, "Simple ho gaya, 10 marks aya." But wait, there was a twist. Question was: "Whether a person who is in police custody can claim benefit of Article 21 if he is denied permission to meet his lawyer?" Most people, including me initially, thought, "Arrey, of course, Article 21 ki benefit mil jayega." But not so fast.

The catch is that the person is not being denied police custody, but his lawyer is not being allowed to meet him. Now, the correct answer lies in the distinction between Article 22(1) and Article 22(2). While 22(1) guarantees the right to consult a lawyer, 22(2) specifies that the lawyer cannot meet the accused until he is produced before a magistrate.