In a significant ruling, the Supreme Court today held a Police Inspector from Vesu Police Station, Gujarat, and an Additional Chief Judicial Magistrate of Surat, Gujarat, accountable for contempt of court. The two officials were found guilty of unlawfully arresting and remanding an accused, thereby flouting a standing Supreme Court order granting interim anticipatory bail.
The apex court has directed both the contemnors to appear in person on September 02, 2024, to face sentencing for their actions.
This legal debacle began when the petitioner, accused of cheating, sought the Supreme Court’s intervention following the Gujarat High Court’s refusal to grant him bail. On December 8, 2023, the Supreme Court not only noticed his plea but also provided him interim relief by granting anticipatory bail, mandating his cooperation with the ongoing investigation.
Despite this clear directive, the petitioner was compelled to appear before the magistrate on December 12, 2023, following a police request for his custody. The magistrate subsequently ordered a four-day police remand, during which the petitioner claims to have been subjected to threats and physical assault.
The seriousness of the matter prompted a Supreme Court bench, led by Justices BR Gavai and Sandeep Mehta, to issue contempt notices on January 10 to several high-ranking officials, including the Additional Chief Secretary of the Home Department, the Police Commissioner, and the Deputy Police Commissioner of Surat, along with the implicated police inspector and magistrate. The court conducted a thorough hearing on March 12, ultimately leading to today’s decision.
