‘Gross contempt’: SC issues notice to Gujarat magistrate, officials

In an unusual order, the Supreme Court on Wednesday issued a show-cause notice of contempt to an additional chief judicial magistrate in Gujarat for sending a man to police custody for four days despite a protective order of the top court, terming the judicial officer’s conduct “absurd” and “gross contempt of court”.
A bench of justices Bhushan R Gavai and Sandeep Mehta also came down hard on the Gujarat police for arresting the man and pressing for his custodial interrogation, as it demanded explanation from the state’s additional chief secretary, Surat’s police commissioner, deputy commissioner of police and the police inspector of the concerned police station at Vesu.
“This is a gross contempt of the order of this court. How could he have been taken into custody? How could the investigating officer (IO) dare to seek the remand? This is absurd… Let this be corrected in some manner. The IO and the magistrate must learn some lessons from this. We will issue the notice of contempt to the magistrate also. Is this the manner in which they deal with the Supreme Court’s Order?” the bench lashed out.
“The very filing of the (remand) application was contempt on the face of it. Blatant illegal custody for four days! Let the magistrate and the IO be inside for four days and then they will perhaps understand,” added the court, fixing January 29 to consider the replies of the magistrate and others.
The court warned that it would ask the director general of police to take all the contemnors in custody and send them to jail if it finds instances of further impropriety in their responses. “Ask them to come with some bag and baggage when we ask for their personal presence. We will see where they go from here,” remarked the bench.
The top court had on December 8 protected the petitioner – a businessman – from arrest, directing that he should be released on bail immediately if the police chose to arrest him in connection with a cheating case. On the day, the court observed that the dispute apparently was civil in nature and the custodial interrogation of the petitioner was not required.
But the police moved a local court pressing for the petitioner’s custodial interrogation days after the Supreme Court’s order, and the magistrate allowed his police custody for four days in the third week of December.
Taking up a contempt plea against the arrest and the subsequent order of remand, the bench on Wednesday reproached both the magistrate and the police department for acting in violation of the Supreme Court order.
While additional solicitor general SV Raju, appearing for the state and its police department, tendered an apology, the bench called the turn of events “gross” and “completely unacceptable”. When the court asked for CCTV footage of the period when the petitioner was in police custody, the ASG said that the facility was not functional during those days.
Expressing dismay at the response, the court retorted: “It is intentional. It shows the conduct. On the very same day, CCTV is not functioning. They have to explain why CCTV was not functioning. Surat is one of biggest business hubs in the country and CCTV is not functioning!”
The bench then pointed out that as per Supreme Court’s judgment, CCTVs are mandatory at all police stations. “Not only all police stations but all investigating agencies must have CCTV cameras. Surat is the diamond capital of the world, and you want us to accept that CCTV was not working at a police station there… Your commissioner of police is supposed to be concerned about the entire district,” it commented.