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Tusharbhai Rajnikantbhai Shah vs. State of Gujarat

Not available · 2024 INSC 588Decided 7 Aug 2024
Not available
Justice B.R. Gavai · Justice Sandeep Mehta

Background

Tusharbhai Rajnikantbhai Shah was accused in an FIR alleging cheating in a property deal in Surat. The Supreme Court had earlier granted him interim anticipatory bail on 8 December 2023, directing that if arrested he be released on bail on furnishing bonds. Despite this order, when he surrendered and was arrested, the investigating police officer applied for and obtained his police custody remand from a magistrate, and he was held in custody beyond the period the remand order permitted. He filed a contempt petition against the police officer, senior police officials, the magistrate, and the complainant, alleging wilful defiance of the Supreme Court's bail order.

Decision Breakdown

The Supreme Court held that the investigating officer's application for police custody remand, made while the Court's interim protection order was in force, was a deliberate misrepresentation and a clear act of contempt, since the order only permitted the accused's release on bail, not further custodial interrogation. The officer was found guilty of gross contempt. The magistrate who granted the remand, despite being shown a copy of the Supreme Court's order, was also held guilty of contempt; her explanation that she was following a local "prevailing practice" in Gujarat was rejected as it could not override a direct Supreme Court order, and the illegal custody also amounted to unlawful detention of the accused. Contempt notices against the senior police officers and the complainant were discharged for lack of evidence of their personal involvement. The Court then made the interim anticipatory bail orders in all three connected SLPs absolute, so the bail protection continues until the criminal case concludes.

Lesson Learnt

Once the Supreme Court grants interim protection such as anticipatory bail, no police officer or lower court can seek or grant a custodial remand that defeats that protection, doing so, even citing local practice or a technical reading of the order's wording, amounts to contempt of court and can result in the officer or judicial officer being personally held liable.

Official source (sci.gov.in)View Judgment (PDF)

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