The Supreme Court of India has found a police inspector and a magistrate were found guilty of unlawfully arresting and remanding an accused, thereby violating a standing Supreme Court order granting interim anticipatory bail.
NEW DELHI: Today (Aug 7): The Supreme Court has held a Police Inspector from Vesu Police Station, Gujarat, and an Additional Chief Judicial Magistrate of Surat, Gujarat, accountable for contempt of court. The Supreme Court of India has found a police inspector and a magistrate were found guilty of unlawfully arresting and remanding an accused, thereby violating a standing Supreme Court order granting interim anticipatory bail.
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The Supreme Court bench, led by Justices BR Gavai and Sandeep Mehta, to issue contempt notices on January 10 to several high-ranking officials, including the Additional Chief Secretary of the Home Department, the Police Commissioner, and the Deputy Police Commissioner of Surat, along with the implicated police inspector and magistrate. The court conducted a thorough hearing on March 12, ultimately leading to today’s decision.
The petitioner, accused of cheating, sought the Supreme Court’s intervention after the Gujarat High Court refused to grant him bail. On December 8, 2023, the Supreme Court not only took notice of his plea but also provided him interim relief by granting anticipatory bail, mandating his cooperation with the ongoing investigation.
Despite this clear directive, the petitioner was compelled to appear before the magistrate on December 12, 2023, following a police request for his custody. The magistrate subsequently ordered a four-day police remand, during which the petitioner claims to have been subjected to threats and physical assault.
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The incident occurred when the police inspector, acting on the orders of the magistrate, arrested an individual without following proper procedures. The Supreme Court, in its judgment, stated that the arrest was a “brazen violation” of the person’s fundamental rights under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
The Court noted that the police inspector, by carrying out the unlawful arrest, had undermined the authority of the judiciary and the sanctity of the constitutional framework. The magistrate, too, was held culpable for issuing the orders for the arrest without properly examining the facts and the law.
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The Supreme Court emphasized that those entrusted with the administration of justice have a paramount duty to uphold the rule of law and protect the rights of citizens. The Court stated that the conduct of the police inspector and the magistrate amounted to a “serious breach of the trust reposed in them by the Constitution.“
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