SC holds the Police Inspector and Additional Chief Judicial Magistrate guilty of Contempt of Court for arresting and remanding an accused ignoring the top court’s order

Today, the Supreme Court (SC) of India held the Police Inspector of Vesu Police Station, Gujarat, and the Additional Chief Judicial Magistrate, Surat, Gujarat, guilty of Contempt of Court for arresting and remanding an accused ignoring the top court’s interim anticipatory bail order. The SC directed both the contemnors to remain present in the Court premises on September 02, 2024, to face sentencing of their actions. In this case, the accused (petitioner) who was charged with the offence of cheating approached the top court against the Gujarat High Court order that denied him bail. While issuing notice on his petition on December 08, 2023, the SC granted him interim anticipatory bail with a condition that he should cooperate with the investigation. 

Despite this, the petitioner was served with a notice on December 12, 2023, directing him to appear before the Magistrate in response to the police custody application. Further, the Magistrate ordered a 4-day remand till December 16, during which he claimed that he was subjected to physical assault and threats. Further on January 10, 2024, the two-judge bench of the SC constituting Justice Sandeep Mehta and Justice BR Gavai issued contempt notices to the Additional Chief Secretary of the Home Department of Gujarat Government, Commissioner of Police and Deputy Commissioner of Police, Surat, Police Inspector of Vesu Police Station. Moreover, a contempt notice was also issued to the 6th Additional Chief Magistrate, Surat, who remanded the petitioner to police custody despite the top court’s order. 

On March 12, 2024, the SC bench reserved its judgment after conducting a detailed hearing. Today (August 07), the SC held the Police Inspector of Vesu Police Station and the Additional Chief Judicial Magistrate guilty of Contempt of Court for arresting and remanding the accused (petitioner) ignoring the top court’s interim anticipatory bail order.