Dr Atul Chag’s suicide: Family concedes contempt petition not maintainable before Gujarat HC

The contempt petition moved by Hitarth had submitted that the police officials have not registered an FIR to date despite the mandate provided for in the Supreme Court judgment of Lalita Kumari versus Government of Uttar Pradesh and others, thus violating the guidelines prescribed therein. Among those made respondent parties in the petition are Veraval Police Inspector Sunil Ishrani, Deputy Superintendent of Police at Veraval V R Khengar, Superintendent of Police at Gir Somnath Manoharsinh Jadeja and DIG Mayanksinh Chavda.

The issue of non-maintainability of the petition by Dr Chag’s son was raised by the investigating officer in the case and police inspector Ishrani, through his advocate senior counsel Jal Unwalla.

Senior advocate Yogesh Lakhani, representing the petitioner, submitted before the bench of Justices A J Shastri and J C Doshi on Wednesday that after referring to several prior high court and Supreme Court judgments “for defiance and contravention of direction issued by SC, contempt jurisdiction of HC cannot be exercised”. However, Lakhani argued that their case be considered under Article 141 of the Constitution of India which holds that law declared by the Supreme Court shall be binding on all courts within the territory of India.

The division bench, which on Tuesday had indicated that a prima facie case is made out where FIR could have and should have been registered, had inquired from the public prosecutor if the state will register an FIR in the case, to which the state had submitted it will. The bench on Wednesday remarked that its preliminary observation is now subject to the maintainability of the petition, and if the petition is not maintainable, it will not be in a position to issue any directions.

The court reserved the matter for orders on April 25.

From the homepage

Upping the ante over SIR, how Mamata is laying TMC groundwork for 2026 Bengal polls

G20 Summit: In Johannesburg, PM Modi proposes four initiatives, including one to counter drug-terror nexus

‘Go to your country’: Foreign DJ claims Goa police officer misbehaved with her, probe initiated