The Supreme Court recently issued contempt notice to the officers of Gujarat who took a man into custody violating the interim anticipatory bail order granted to him by the top court.
Expressing disappointment on the matter, a bench of Justice 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 Commission of Police, Surat, Police Inspector of Vesu Police Station. The apex court also issued notice to Additional Chief Magistrate, Surat, who remanded the petitioner to police custody despite the interim order.
The advocate appearing for the petitioner submitted that despite the interim anticipatory order of the Supreme Court passed on December 8, the petitioner was served with a notice on December 12 directing him to remain present before the Magistrate in response to the police’s custody application. The advocate added that the Magistrate remanded the petitioner to police custody for four days till December 16 and was threatened and beaten while in the police custody.
The petitioner further mentioned that despite already being arrested once by the Police on December 11 and released on anticipatory bail after execution of the necessary bond as directed by the Supreme Court, the Magistrate did not release the petitioner and insisted that he should file a regular bail application. Following, another regular bail application was preferred by the petitioner following which he was released and was made to execute another bond.
Justice Mehta said that the case is a gross contempt of the Court’s order on record. He added that the very filing of the remand application was a contempt on the face of it. Meanwhile, Justice Gavai verbally ordered to file an affidavit, adding that if they find irregularities, they will ask the DGP to take the Contemnors to custody and send them to Sabarmati Prisons or some other. The bench further stated that on January 29, they will decide whose personal presence will be required from the next day.
The Supreme Court was hearing a contempt petition filed by one Tusharbhai Rajnikanth Bhai Shah against the officials for arresting and remanding him in violation of the interim order passed by the top court on December 8. The petitioner was named as an accused in an FIR for the offence of cheating. He approached the Supreme Court after the Gujarat High Court denied him bail. On December 8, the apex court granted him interim anticipatory bail with a condition that he should continue to cooperate with the investigation.