‘Illegal custody’ of businessman: Will ask Gujarat HC to give proper training to magistrates, says SC

NEW DELHI: Having termed as “grossest of contempt” the police remand of a businessman granted anticipatory bail, the Supreme Court said on Monday it will ask the Gujarat High Court to impart proper training to magistrates.

Voicing extreme displeasure over the police remand of the Gujarat-based businessman, the apex court had on January 10 issued notice to some police officials and a judicial magistrate of Surat on a contempt petition filed by the man.

The top court was informed it had on December 8 last year granted anticipatory bail to petitioner Tusharbhai Rajnikantbhai Shah but he was remanded in police custody from December 13 to 16, 2023 in a cheating case.

The matter came up for hearing again on Monday by a bench of Justices B R Gavai and Sandeep Mehta.

Solicitor General Tushar Mehta, appearing for some of the respondents, said they had committed a “mistake”.

“This is not something which can be defended or should be defended,” he told the bench.

The bench observed that the apex court’s December 8, 2023 order granting anticipatory bail to Shah was clear and it was also placed before the magistrate and the police officials concerned.

Mehta told the bench that the police officer who “misread” the order of the apex court has been placed under suspension.

The bench was also informed about a practice in Gujarat where, generally, the order granting anticipatory bail to an applicant mentions that liberty is granted to the investigating officer to apply for his or her remand.

“Then Gujarat needs to be educated if you follow this practice,” the bench observed, adding, “The magistrates also need to be educated. You have such a beautiful (training) academy at Ahmedabad.”

Shah claimed that the judicial magistrate vide order dated December 13, 2023 heard the remand application moved by police and remanded him in police custody till December 16, 2023 in contempt of the apex court order.