Today, the Supreme Court found the Police Inspector of Vesu Police Station in Gujarat and the Additional Chief Judicial Magistrate in Surat guilty of contempt of court.

This verdict came after it was revealed that they had arrested and remanded an accused in defiance of an interim anticipatory bail order issued by the Supreme Court.

The Court has directed the contemnors to appear on September 2, 2024, for the determination of their sentences.

To provide some context, the petitioner, who faced charges of cheating in an FIR, sought the Supreme Court's intervention after the Gujarat High Court refused him bail. On December 8, 2023, the Supreme Court, while issuing notice on his petition, granted him interim anticipatory bail, with the stipulation that he must continue to cooperate with the investigation.

However, the petitioner contends that despite the Supreme Court's interim anticipatory bail order, he received a notice on December 12, 2023, instructing him to appear before the Magistrate in response to the police's custody application. The Magistrate subsequently remanded him to police custody for four days, until December 16. The petitioner alleges that during this period, he was threatened and beaten while in custody.

On January 10, a Bench consisting of Justices BR Gavai and Sandeep Mehta issued contempt notices to the Additional Chief Secretary of the Home Department of the Gujarat Government, the Commissioner of Police, the Deputy Commissioner of Police in Surat, and the Police Inspector of Vesu Police Station.

The Court also issued a contempt notice to the 6th Additional Chief Magistrate of Surat, who had remanded the petitioner to police custody despite the Supreme Court’s interim order. After a comprehensive hearing, the Court reserved its judgment on March 12. Mr. IH Syed, Senior Advocate, and Mr. Abid Ali Beeran P, Advocate, represented 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