Tusharbhai Rajnikantbhai Shah vs. State of Gujarat, SLP (Crl) No. 14489/2023, Tusharbhai Rajnikantbhai Shah vs. Kamal Dayani, Diary No.- 1106 – 2024, Citation: 2024 (SC) 557
Facts: The petitioner, along with co-accused, faced allegations in FIR No. 11210068230266 filed on July 21, 2023. The complaint stated that the petitioner received ₹1.65 crores in cash from the complainant for the sale of 15 shops, but failed to hand over possession despite assurances made during an oral agreement. Anticipating arrest, the petitioner sought anticipatory bail from the Sessions Court, which was denied. An application for anticipatory bail in the High Court was also rejected. Aggrieved, the petitioner filed a Special Leave Petition (SLP) in the Supreme Court, which granted interim anticipatory bail on the condition of cooperation with the investigation. However, the Gujarat High Court denied him bail, and despite the interim order, he received a notice on December 12, 2023, directing him to appear before the Magistrate for a police custody application. The Magistrate remanded him to police custody for four days, during which he alleged he was threatened and beaten. The Supreme Court noted that the petitioner was detained until December 18, 2023, despite the remand expiring on December 16, 2023.
Issue: Can the Police Inspector and Magistrate be held in contempt for arresting and remanding an accused in violation of a Supreme Court order?
Observation: The Supreme Court found the Police Inspector and Chief Judicial Magistrate from Gujarat guilty of contempt of court for arresting and remanding the accused while ignoring the interim anticipatory bail order. The Court emphasized that the investigating officer should have sought appropriate directions from the Court before taking the accused into custody. It stressed that criminal jurisprudence requires a judicial examination of facts before granting police custody remand, and courts should not routinely grant remand applications. The Court criticized the Magistrate for dismissing the petitioner's complaint of custodial torture without due consideration. Notices for contempt against other officials were discharged.
