Supreme Court holds Gujarat police inspector, ACJM guilty of contempt

New Delhi: The Supreme Court on Wednesday said the practice prevalent in Gujarat routinely imposing restrictive condition on anticipatory bail pleas, and allowing the police blanket permission to seek police custody remand of the accused, is in direct contravention of the Constitution bench judgment of this court.

A bench of Justices B R Gavai and Sandeep Mehta held R Y Raval, then Police Inspector, Vesu Police Station, Surat and Deepaben Sanjaykumar Thakar, then Additional Chief Judicial Magistrate, Surat guilty of having committed contempt of this court’s order of December 8, 2023.

The court sought personal presence of the Inspector and ACJM on September 2, 2024 for hearing on quantum of sentence.

In the case, the court had granted anticipatory bail to Surat resident Tusharbhai Rajnikantbhai Shah in a cheating case. The court was informed that the businessman was remanded in police custody, and allegedly threatened to extort Rs 1.65 crore from him in the presence of the complainant.

The petitioner had said the top court in December last year ordered that in the event of his arrest, he be released on bail in connection with the FIR dated July 21, 2023 subject to him executing a personal bond of Rs 25,000. However, the police arrested him when he went to the police station on December 11, 2023 to join the investigation. He was released on bail after he executed a bond as directed by the apex court.

In its judgment on contempt plea, the bench said, "Criminal jurisprudence requires that before exercising the power to grant police custody remand, the courts must apply judicial mind to the facts of the case so as to arrive at a satisfaction as to whether the police custody remand of the accused is genuinely required. The courts are not expected to act as messengers of the investigating agencies and the remand applications should not be allowed in a routine manner".

In the case, the bench found the Police Inspector acted in flagrant defiance and gross contempt of this court’s order by applying for police custody remand of the petitioner herein. "The portrayal that accused-petitioner was not cooperating in the investigation was totally cooked up and a clear attempt to draw wool over the Court’s eyes," the bench said.

The bench also said the explanation offered by the ACJM, that the order granting police custody remand of the petitioner was passed in the bona fide exercise of jurisdiction, based on a genuine misunderstanding of the legal position does not appeal to it.

"It is clear she acted with bias and in a high-handed manner. The reason offered by her that she was acting under a misconception owing to settled and prevailing practice in the State of Gujarat, is clearly in disregard to the order passed by this court," the bench said.

The court, however, discharged Ajay Kumar Tomar, Commissioner of Police, Surat, Vijaysinh Gurjar, Deputy Commissioner of Police, Surat and Abhishek Vinodkumar Goswami, who filed the FIR against the petitioner.