NEW DELHI: Acting tough against an additional chief judicial magistrate and investigating officer of Gujarat Police for not honouring its order and taking a person in custody despite its order granting him anticipatory bail, Supreme Court Wednesday convicted both for contempt of court and directed them to personally appear before it for deciding punishment.
A bench of Justices B R Gavai and Sandeep Mehta refused to accept their defence that they did not intend to violate the order, that it was done due to a misunderstanding of the order, and because of a prevalent practice in Gujarat permitting custody even after bail is granted. SC patiently heard the duo but came to the conclusion that the action of the investigating officer seeking custody of the accused, and of the judicial magistrate granting custody, are clearly in the teeth of its order and held them guilty of contempt of court.
Though SC had issued notice to brass of Surat Police, including the commissioner along with the judicial magistrate and additional chief secretary of Gujarat’s home department for contempt, it convicted only the investigating officer who filed an application seeking custody and the magistrate who allowed the plea, and let off the rest saying they were not involved.
“The portrayal made by the investigating officer in the remand application to claim the accused-petitioner was not cooperating in the investigation was totally cooked up and a clear attempt to draw wool over the court’s eyes… We are, therefore, inclined to hold that there was not even a shred of bona fide in the actions of the investigating officer while seeking police custody remand of the accused on the purported ground of non-cooperation in investigation,” the bench said.
Slamming the ACJM, SC said a magistrate must not allow a plea of police without application of mind. “The courts are not expected to act as messengers of investigating agencies and remand applications should not be allowed in a routine manner.”
SC, during the hearing, had said it was high time the people holding posts learn a lesson and had made it clear that they would be sent behind bars if needed. In this case, a Surat-based businessman was taken into custody despite the protection granted by the apex court on Dec 8 and was tortured by police.
A bench of Justices B R Gavai and Sandeep Mehta refused to accept their defence that they did not intend to violate the order, that it was done due to a misunderstanding of the order, and because of a prevalent practice in Gujarat permitting custody even after bail is granted. SC patiently heard the duo but came to the conclusion that the action of the investigating officer seeking custody of the accused, and of the judicial magistrate granting custody, are clearly in the teeth of its order and held them guilty of contempt of court.
Though SC had issued notice to brass of Surat Police, including the commissioner along with the judicial magistrate and additional chief secretary of Gujarat’s home department for contempt, it convicted only the investigating officer who filed an application seeking custody and the magistrate who allowed the plea, and let off the rest saying they were not involved.
“The portrayal made by the investigating officer in the remand application to claim the accused-petitioner was not cooperating in the investigation was totally cooked up and a clear attempt to draw wool over the court’s eyes… We are, therefore, inclined to hold that there was not even a shred of bona fide in the actions of the investigating officer while seeking police custody remand of the accused on the purported ground of non-cooperation in investigation,” the bench said.
Slamming the ACJM, SC said a magistrate must not allow a plea of police without application of mind. “The courts are not expected to act as messengers of investigating agencies and remand applications should not be allowed in a routine manner.”
SC, during the hearing, had said it was high time the people holding posts learn a lesson and had made it clear that they would be sent behind bars if needed. In this case, a Surat-based businessman was taken into custody despite the protection granted by the apex court on Dec 8 and was tortured by police.
#Gujarat #judge #investigating #officer #draw #ire #held #contempt #Times #India
