Supreme Court said- “What kind of order is this? Against all court orders. Orders from Gujarat are very special. There is a such a beautiful academy there, the High Court needs to re-train magistrates.”
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NEW DELHI: The Supreme Court of India expressed strong disapproval of the actions taken by the Gujarat police and a magistrate involving the remand of an accused who had already been granted anticipatory bail. This case has brought to light significant concerns regarding the adherence to legal procedures and judicial directives.
The Supreme Court’s reaction came after an incident where the Gujarat police and a magistrate remanded an accused despite the individual having been granted anticipatory bail. This action was seen as a blatant disregard for court orders and legal protocols.
A Bench of Justices BR Gavai and Sandeep Mehta sought the response of the Gujarat government and Surat Police officials in the matter, and impleaded the Gujarat High Court as a party.
Solicitor General Tushar Mehta, representing the Gujarat government, acknowledged the error at the outset of the proceedings. He informed the court that the remand application was a mistake and that the officials involved had been suspended. Despite this, he advised against any adverse remarks, stating,
“But even an oral word from my lords will go a long way.”
Justice Gavai, one of the presiding judges, expressed astonishment and concern at the actions of the Gujarat authorities, remarking,
“What kind of order is this? Against all court orders. Orders from Gujarat are very special. There is such a beautiful academy there, the High Court needs to retrain magistrates.”
Justice Mehta further commented on the unusual nature of the case under the Criminal Procedure Code (CrPC), saying,
“This is totally unheard of in CrPC. Up to 14 days remand, and judges make it seem like the applicant applied for regular bail. We find many decisions of the Gujarat High Court where in bail there is no decision on merits for offences punishable more than 7 years, and it is adjourned saying proceed as per Antil.”
The Supreme Court’s remarks highlight a critical issue in the Indian judicial system – the need for strict adherence to legal procedures and court orders. The incident raises questions about the training and conduct of judicial officers and law enforcement agencies, especially in handling cases involving anticipatory bail.
The court’s observations also underscore the importance of judicial accountability and the role of higher judicial academies in ensuring that magistrates and judges are well-versed in legal procedures and the implications of their decisions.
The Supreme Court’s criticism of the Gujarat police and a magistrate in this case serves as a stark reminder of the importance of upholding the rule of law and following judicial directives. It emphasizes the need for continuous training and education of legal professionals to prevent such errors in the future. This case is a significant example of the judiciary’s role in overseeing the proper administration of justice and ensuring that legal procedures are respected and followed.
CASE TITLE:
[Tusharbhai Rajnikantbhai Shah v. State of Gujarat]
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