New Delhi: The Supreme Court on Monday deprecated the practice followed by courts in Gujarat of giving the police liberty to seek remand of the accused, even while granting anticipatory bail.
The apex court stressed that Gujarat's judiciary needs to be educated, as such a sort of practice is contrary to the guarantee of personal liberty and termed it "height of absurdity". On January 10, the top court minced no words while criticising the police remand of a Gujarat businessman after it had granted him anticipatory bail, and termed it "grossest of contempt".
At the beginning of the hearing, Solicitor General Tushar Mehta, representing some of the police officers, submitted before a bench comprising Justices B R Gavai and Sandeep Mehta that this is a case of mistake. "What is this mistake, the order of the Supreme Court is there. The magistrate noticed the order and still passed the order…," said Justice Gavai. Mehta said this is something which cannot be defended.
Mehta said the person who misread the order has already been placed under suspension and department proceedings have been initiated against the person and the Surat Commissioner of Police was not initially aware about the order passed by the top court.
Mehta explained that in Gujarat, whenever anticipatory bail is granted by the High Court or by the sessions court there is a line at the end that the right of the prosecution to apply for remand is left open and "that is where the mistake occurs…". Against this backdrop, Mehta explained that the officer in the present case, under a mistaken belief, acted towards seeking remand.
"Well, then Gujarat needs to be educated….if this is the practice you follow….we need to deprecate such a practice", observed the bench.
Justice Gavai said the learned magistrate needs to be educated and told Mehta, "You have such a beautiful academy in Ahmedabad, this is sort of training you impart to your magistrates."
Mehta urged the court to not take it as a ground for contempt and added, "need your lordship's mercy". "Gujarat needs to be educated... such sort of practice is contrary to the guarantee of personal liberty….totally nullify the orders passed by the courts", said Justice Gavai.
Justice Mehta orally observed that he is told that entire 15 days period remands are granted after anticipatory bail order, "that is absurd, height of absurdity".
Justice Gavai said we will also have to ask the High Court of Gujarat to give proper training to magistrates in the academy and the state government needs to educate its officers.
Mehta said, "absolutely". Justice Gavai orally remarked that everything for Gujarat has to be special. Mehta said that oral words of lordships are also very potent and it is respected.
After hearing submissions, the top court sought response from the standing counsel of the High Court of Gujarat and posted the matter for hearing after two weeks. The apex court had granted anticipatory bail to Surat resident Tusharbhai Rajnikantbhai Shah in a cheating case.
The court was informed that the businessman was remanded in police custody, and allegedly threatened to extort Rs 1.65 crore from him in the presence of the complainant. Senior advocate Iqbal H Syed and advocate Mohammad Aslam, represented Shah before the top court.
Shah had said the top court in December last year ordered that in the event of his arrest, he be released on bail in connection with the FIR dated July 21, 2023 subject to him executing a personal bond of Rs 25,000. However, the police arrested him when he went to the police station on December 11 to join the investigation. He was released on bail after he executed a bond as directed by the apex court.
