Supreme Court pulls up Gujarat courts for police seeking remand while granting anticipatory bail

Calling it a "height of absurdity”, a bench of Justices said that the State's judiciary needs to be educated, as such a practice is contrary to the guarantee of personal liberty.

New Delhi: The Supreme Court on Monday was critical of the practice followed by courts in Gujarat of giving the police liberty to seek remand of the accused, even after grant of anticipatory bail. 

Calling it a "height of absurdity”, a bench of Justices B R Gavai and Sandeep Mehta said that the state's judiciary needs to be educated, as such a practice is contrary to the guarantee of personal liberty.

On January 10, the top court had severely reprimanded the court for allowing the police remand of a Gujarat businessman after it had granted him anticipatory bail, and termed it “grossest of contempt”.

Solicitor General Tushar Mehta, for  the police officers, submitted that this is a case of mistake. 

“What is this mistake, the order of the Supreme Court is there. The magistrate noticed the order and still passed the order,” the bench said. 

Mehta said this is something which cannot be defended.

He said the person who misread the order has already been placed under suspension and department proceedings have been initiated against him. He also said that the Surat Commissioner of Police was not initially aware about the order passed by the top court.

Mehta explained that in Gujarat, whenever anticipatory bail is granted by the high court or by the sessions court there is a line at the end that the right of the prosecution to apply for remand is left open and “that is where the mistake occurs”. 

In the case, the officer under a mistaken belief, acted towards seeking remand, he said.

“Well, then Gujarat needs to be educated….if this is the practice you follow….we need to deprecate such a practice,” the bench said.

Emphasising that the magistrate needs to be educated, the bench told Mehta “You have such a beautiful academy in Ahmedabad, this is sort of training you impart to your magistrates”. 

Mehta sought the court's mercy, saying it should not be taken as a ground for contempt. 

“Gujarat needs to be educated... such sort of practice is contrary to the guarantee of personal liberty,” the bench said.

The bench also said the entire 15 days period remand is granted after anticipatory bail order, “that is absurd, height of absurdity”.

"We will also have to ask the High Court of Gujarat to give proper training to magistrates in the academy and the state government needs to educate its officers," the bench told Mehta, who agreed saying, “absolutely”. 

The bench said that everything for Gujarat has to be special. Mehta said that oral words are also very potent and would be respected.

After the hearing, the court sought response from the standing counsel of the High Court of Gujarat and posted the matter for hearing after two weeks.

The apex court had granted anticipatory bail to Surat resident Tusharbhai Rajnikantbhai Shah in a cheating case. The court was informed that the businessman was remanded in police custody, and allegedly threatened to extort Rs 1.65 crore from him in the presence of the complainant. 

The petitioner had said the top court in December last year ordered that in the event of his arrest, he be released on bail in connection with the FIR dated July 21, 2023 subject to him executing a personal bond of Rs 25,000. However, the police arrested him when he went to the police station on December 11 to join the investigation. He was released on bail after he executed a bond as directed by the apex court.