Art 22 has two parts, first part under clause 1 and 2
confers certain rights on arrested person, they are as
under, 1. Right to be informed about grounds of arrest 2. Right to consult and be defended by legal practitioner 3. Right to be brought before the Magistrate within 24 hrs of arrest, excluding journey hrs 4. Any custody beyond 24 hrs needs Judicial Magistrate’s permission. Gunupati Keshvram Reddy v. Nasiful Hasan & State of U. P AIR 1954 SC 636 Mr. Homi Dinshaw Mistry was arrested for publishing some part of speeches in UP legislative Assembly. He was detained in hotel to be produced before Speaker of UP LA. Petition U/Art 32 was filed by his friend seeking writ of Habeas Corpus for violation of Art 22 (2). SC issued Habeas Corpus and released him because he was not produced before Magistrate within 24 hours of his arrest. State Of Punjab v Ajaib Singh AIR 1953 SC 10 (5 Judges) The physical restraint Put upon an abducted person in the process of recovering and, taking that person into custody without any allegation or accusation of any actual or suspected or apprehended commission by that person of any offence of a criminal or quasi-criminal nature or of any act prejudicial to the State or the public interest, and delivery of that person to the custody of the officer in charge of the nearest camp under s. 4 of the Abducted Persons (Recovery and Restoration) Act (LXV of 1949) is not arrest and detention within the meaning of art. 22 (1) and (2) of the Constitution. The said Act does not therefore infringe the fundamental right guaranteed by art. 22 of the Constitution. Followed A. K. Gopalan Collector of Malabar v. Erimmal Ebrahim Hajee AIR 1957 SC 688 (5 Judges) A person who is arrested on a warrant issued by Magistrate needs not to be produced before Magistrate within 24 Hrs, SC applied the logic that such warrant is issued by Magistrate by application of mind. But other rights are to be complied with like providing an information about the grounds of arrest, right to consult and be defended by an Advocate. Preventive detention (PD) Entry 9 of Union List and entry 3 of Concurrent list authorise the Parliament and State Legislature to make law authorising PD. And entry 97 of Union List also empowers parliament to make PD law for any other purpose. So PD means detention only under those laws and not any other general criminal laws like Cr. P. C. or IPC.
Henry Wilbert Brandt Gaylene Brandt v. Charles Chidester Twin City Transportation, Incorporated, A Corporation v. Ravenswood Aluminum Corporation, Movant-Appellee, 64 F.3d 655, 4th Cir. (1995)