Sessions Judge Offers Unconditional Apology as Supreme Court Closes Contempt Proceedings
The Supreme Court on Monday imposed a fine of ₹25,000 on a Gujarat police officer for the unlawful remand and arrest of an accused who had already secured anticipatory bail. [Tusharbhai Rajnikantbhai Shah v. State of Gujarat]
A Bench comprising Justices BR Gavai and Sandeep Mehta also closed the contempt proceedings against Surat Additional Chief Judicial Magistrate Deepaben Sanjaykumar Thakar after accepting her unconditional apology. Both the officer and the magistrate were earlier held guilty of contempt for their roles in the wrongful detention of the accused.
The incident came to light when the accused approached the apex court, claiming that despite being granted anticipatory bail in December 2023, he was arrested and remanded by the Gujarat Police, with further allegations of physical assault and an extortion attempt of ₹1.6 crore. The Supreme Court had previously clarified that the interim bail granted to the accused offered full protection unless explicitly modified.
During Monday’s hearing, the Bench expressed dissatisfaction with the explanations provided, especially concerning the police’s actions and the missing CCTV footage related to the alleged torture. Justice Mehta firmly rejected arguments for leniency, stating, “Do you propose even for a minute for rule of law to mean liberty can be curtailed for three days despite our order? It was a totally malafide remand on the face of it.”
Although proceedings against the magistrate were concluded, the Court directed that departmental actions against the police officer should continue to their logical conclusion. Additionally, the court’s earlier criticism of the district judge’s role in the illegal detention was deleted from the record.
The case originally stemmed from the Gujarat High Court’s refusal to grant anticipatory bail, leading to the appeal before the Supreme Court.
(With inputs from agency)
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