BREAKING|Supreme Court Holds Police Inspector & Magistrate Guilty Of Contempt For Arrest & Remand Of Accused Violating SC Order

In a major development, the Supreme Court today (on August 07) held the Police Inspector of Vesu Police Station(Gujarat) and Additional Chief Judicial Magistrate, Surat(Gujarat) guilty of Contempt of Court for arresting and remanding an accused ignoring an interim anticipatory bail order passed by the Supreme Court.

The Court has asked the contemnors to remain present on September 02, 2024, to decide their sentences.

To give a brief background, the petitioner, who was named as an accused in an FIR for the offence of cheating, approached the Supreme Court after the Gujarat High Court denied him bail. On December 8, 2023, while issuing notice on his petition, the Court granted him interim anticipatory bail with the condition that he should continue to cooperate with the investigation.

However, it is the petitioner's case that despite the interim anticipatory bail order of the Supreme Court, he was served with a notice on December 12, 2023, directing him to remain present before the Magistrate in response to the police's custody application. The Magistrate remanded him to police custody for four days till December 16. He alleged that while in police custody, he was threatened and beaten.

On January 10, a Bench comprising Justices BR Gavai and Sandeep Mehta issued contempt notices to the Additional Chief Secretary of the Home Department of Gujarat Government, Commissioner of Police and Deputy Commissioner of Police, Surat, Police Inspector of Vesu Police Station. The Court also issued a contempt notice to the 6th Additional Chief Magistrate, Surat, who remanded the petitioner to police custody despite the interim order of the Supreme Court. The Court had reserved its judgment in the matter on March 12 after conducting a detailed hearing.

Mr. IH Syed, Sr Adv. and Mr. Abid Ali Beeran P, Adv. appeared for the petitioners.

CASE TITLE: TUSHARBHAI RAJNIKANTBHAI SHAH Versus STATE OF GUJARAT, SLP(Crl) No. 14489/2023, TUSHARBHAI RAJNIKANTBHAI SHAH vs. KAMAL DAYANI Diary No.- 1106 – 2024