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Supreme Court of India 2024-08-07 partly_allowed

TUSHARBHAI RAJNIKANTBHAI SHAH vs KAMAL DAYANI & ORS

Bench: 2 — B.R. Gavai, Sandeep Mehta

In Brief

This case involved a Supreme Court contempt petition against police and judicial officers for violating an interim anticipatory bail order. The petitioner was granted interim bail by the Supreme Court on 8 December 2023 in a property dispute case. Despite this explicit order, the Investigating Officer sought and obtained a 3-day police custody remand on 13 December 2023, allegedly because the accused was not cooperating in the investigation. The petitioner was further illegally detained for 48 hours after the remand ended. The Court held that the police and the 6th ACJM (magistrate) guilty of gross contempt. The judgment clarified that an absolute anticipatory bail order cannot be circumvented by police remand applications and overruled the Gujarat courts' practice of routinely allowing such remands.

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Contempt of Court Criminal Procedure Anticipatory Bail Police Custody Remand Custodial Torture Judicial Discretion Fundamental Rights

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