‘Illegal custody’ of businessman: Will ask Gujarat HC to give proper training to magistrates, says SC

The Supreme Court of India expressed strong disapproval of the police remand of a businessman who had been granted anticipatory bail, terming it the “grossest of contempt.” The court indicated that it will request the Gujarat High Court to provide proper training to magistrates.

The Supreme Court of India expressed strong disapproval of the police remand of a businessman who had been granted anticipatory bail, terming it the “grossest of contempt.” The court indicated that it will request the Gujarat High Court to provide proper training to magistrates.

• Having termed as “grossest of contempt” the police remand of a businessman granted anticipatory bail, the Supreme Court said on Monday it will ask the Gujarat High Court to impart proper training to magistrates. Voicing extreme displeasure over the police remand of the Gujarat-based businessman, the apex court had on January 10 issued notice to some police officials and a judicial magistrate of Surat on a contempt petition filed by the man.

• The top court was informed it had on December 8 last year granted anticipatory bail to petitioner Tusharbhai Rajnikantbhai Shah but he was and remanded in police custody from December 13 to 16, 2023 in a cheating case.

• The matter came up for hearing again on Monday by a bench of Justices B R Gavai and Sandeep Mehta. Solicitor General Tushar Mehta, appearing for some of the respondents, said they had committed a “mistake”.

• “This is not something which can be defended or should be defended. The real reason is, this is clearly a case of mistake,” he told the bench.

• The bench observed that the apex court’s December 8, 2023 order order granting anticipatory bail to Shah was clear and it was also placed before the magistrate and the police officials concerned.

• “We will have to ask the Gujarat High Court to give proper to the magistrates and the state government to educate its officers properly,” the court observed.

• Mehta told the bench that the police officer who “misread” the order of the apex court has been placed under suspension.

• He said the Surat Commissioner of Police was not initially aware about the order passed by the top court.

• The bench was also informed about a practice in Gujarat where, generally, the order granting anticipatory bail to an applicant mentions that liberty is granted to investigating officer to apply for his or her remand.

• “Then Gujarat needs to be educated if you follow this practice,” the bench observed, adding, “The magistrates also need to be educated. You have such a beautiful (training) academy at Ahmedabad.”

• The bench said it would be appropriate that the Gujarat High Court is also heard before the top court proceeds to decide the matter.

• It issued notice to the high court through its registrar general and posted the matter for hearing after two weeks.

The top court had issued notices to the additional chief secretary secretary of the state’s home department, Surat police commissioner, deputy commissioner of police, inspector of Vesu police station and the additional chief judicial magistrate concerned and sought their replies.

Source: Economic Times