Image: IANS

Updated on Jan 30, at 3.30 p.m.

The Supreme Court summoned the Surat top officials and the additional chief judicial magistrate on Jan 29, issuing a contempt notice in the case of keeping Tushar Shah, an accused in custody, even after being granted anticipatory bail.

During the hearing, the defence council said that in Gujarat, after the sessions court and high court accept anticipatory bail of the accused, the complainant council has the liberty to apply for remand for investigation.

The bench of Justices BR Gavai and Sandeep Mehta said that if such is the case, then Gujarat needs to be educated, and this practice has to be stopped.

The bench further said that they needed to be educated and trained about it.

“You have such a beautiful academy in Ahmedabad; this is the sort of training you impart to your magistrates?” asked the bench.

On behalf of Surat police, solicitor general Tushar Mehta said that departmental action against the concerned officer is underway.

He further informed the court, saying that it is common practice in Gujarat for bail orders to include a condition that the investigating officer would be allowed to apply for remand.

Acting on this mistaken belief, the officer in the present case would have applied for remand of the petitioner, which was permitted by the magistrate.

To this, the court was surprised and said that in that case, it is defeating the very purpose of Section 438 of CrPC (where a person has reason to believe that he may be arrested on the accusation of committing a non-bailable cognizable offence, he can apply to the court of session or the high court for the grant of bail in case of such arrest).

The Gujarat High Court was added as a party to the present proceedings, and a notice was issued to the Court through the registrar general, returnable within two weeks.

Updated on Jan 24, at 16.15 p.m.

Days after the Supreme Court’s verdict, Surat police commissioner Ajay Kumar Tomar suspended Vesu police inspector (PI) RY Rawal.

Rawal was allegedly involved in keeping the accused, Tushar Shah  in remand after he was granted an anticipatory bail. The cop also allegedly threatened to extort ₹1.65 cr from him in the presence of the complainant.

PI DU Barad has been given an additional charge of Vesu police station in place of Rawal.

Updated on Jan 12, at 5.12 p.m.

A bench of Justices BR Gavai and Sandeep Mehta issued notice to police officials and a judicial magistrate of Surat and ordered them to remain present on Jan 29.

During the hearing of a cheating case, the SC granted interim anticipatory bail to Tushar Shah, a Surat resident, on Dec 8, 2023.

The court took cognizance that despite its orders, the  accused was taken into remand for four days in police custody and allegedly threatened to extort ₹1.65 cr from him in the presence of the complainant.

Taking a dig at the state’s law and order, the bench said it seems Gujarat follows different laws. This is a pure violation of the orders and “the grossest of contempt”.

Magistrate and IO summoned

The apex court said, “Let the magistrate and the investigating officer (IO) come and explain how the remand orders were passed,” the bench said.

When the court asked about the CCTV footage, the public prosecutor said that the cameras were not working.

On this, the bench said that the cameras may not have been working for those four days, but this is a sheer abuse of power.

Notices were issued to the additional chief secretary of the home department, the commissioner of police of Surat, the deputy commissioner of police, the inspector of Vesu police station, and the additional chief judicial magistrate.

The bench said it would issue a contempt notice to the magistrate also and told the public prosecutor to ask everyone to come on Jan 29 with all their “bags and baggage,” and the court will decide the matter.

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