Introduction:

In a notable case, the Supreme Court expressed severe discontent with the Gujarat Police and a Magistrate for disregarding an interim anticipatory bail order granted by the Apex Court. The bench comprising Justices BR Gavai and Sandeep Mehta took a stringent stance, issuing contempt notices to high-ranking officials, including the Additional Chief Secretary of Gujarat’s Home Department, the Commissioner of Police, Deputy Commissioner of Police in Surat, Police Inspector of Vesu Police Station, and the Additional Chief Magistrate of Surat.

Arguments:

The petitioner’s counsel highlighted that despite the interim anticipatory bail granted on December 8, their client was served a notice on December 12 to appear before the Magistrate in response to a custody application by the police. Despite prior arrest and subsequent release on anticipatory bail, the Magistrate remanded the petitioner, alleging mistreatment during custody. The petitioner argued that as the Supreme Court’s anticipatory bail remained unrevoked, a regular bail application should not have been insisted upon.

The Additional Solicitor General offered an unconditional apology, acknowledging the officers’ error as a “blunder,” but the bench found this unacceptable, deeming it a “gross” violation.

Court’s Judgment:

The Supreme Court rebuked the police and Magistrate for their blatant contempt of its order, expressing dismay at the illegal custody and non-functional CCTV in the police station. The bench directed notice issuance to the concerned officials and set the returnable date as January 29. Additionally, the Court contemplated summoning the Contemnors personally on January 29 and even suggested the possibility of custody for their non-compliance with the order.