SC contempt notice to IO, magistrate over custody of Gujarat businessman

“Let this be corrected in some manner. The IO (investigating officer) and magistrate must learn some lessons from this. We will issue the notice for contempt to the magistrate also. Is this the manner in which they deal with the Supreme Court’s Order?” asked Justice Gavai.

The court was hearing a plea by the businessman Tusharbhai Rajnikantbhai Shah, a resident of Surat, accused in a cheating case. The SC had granted him interim anticipatory bail on December 8, 2023.

Shah said he had appeared before the police on December 11 to join the investigation and was arrested and released on bail the same day. On an application moved by the police, he was remanded on December 13 and remained in police custody for 4 days, he said.

Justice Mehta said that “the very filing of the (remand) application was contempt on the face of it” and exclaimed, “blatant illegal custody for four days!” Added Justice Gavai, “let the Magistrate and the IO be inside for four days”.

Additional Solicitor General S V Raju who appeared for the state tried to cool tempers. Tendering apology, he said the IO had committed a blunder. The bench enquired about the CCTV record of the police station, only to be told that the CCTV was not functional. “It shows the conduct. On the very same day it is not functioning!,” exclaimed Justice Gavai.

Justice Mahta added, “this was expected. it’s intentional…”. He asked “In a civil nature case, why remand is required? A murder weapon was to be recovered or what?” and added, “they have to explain why CCTV was not functioning.”

The bench which dispensed with the personal presence for now asked them to file affidavits explaining their response and cautioned that it may even ask the DGP to take the contemners into custody and send them to Sabarmati prison or some other prison.

When contacted, Surat Police Commissioner Ajay Kumar Tomar said, “I am unaware of the incident and have to get the matter checked from my office.”

Shah’s advocate Syed, meanwhile, told The Indian Express: “In our plea before the SC, we have mentioned that the Surat police worked hand-in-glove with the complainant and arrested Shah. Following the police remand, he was again produced before the same judge — 6th Additional Chief Judicial Magistrate D S Thakar — who again denied our plea. We filed a fresh bail application and later Shah was released.”

“We also wrote to Commissioner Ajay Kumar Tomar about the Vesu police working hand-in-glove with the complainant. Further, we filed an application with the Surat court but it was was rejected,” he added.

The SC issued notices to Gujarat additional chief secretary (Home), Surat Police commissioner, deputy commissioner, Inspector of Vesu police station and the additional chief judicial magistrate concerned and sought their replies by January 29.