Why Supreme Court Asked Surat Magistrate, IO To Come With 'Bags And Baggage'

The Supreme Court expressed strong displeasure yesterday over the police remand of a Gujarat businessman, despite the court having granted him anticipatory bail. Angered by the Surat Police's decision to detain the businessman, the SC issued a contempt of court notice to the Additional Chief Secretary (Home) of the state, along with police officials and the Additional Chief Magistrate responsible for authorizing the remand. The apex court also asked whether the Gujarat follows a different law. The court asked the concerned officials to appear before the court with 'bags and baggage' on January 29.

A bench comprising Justices B R Gavai and Sandeep Mehta was visibly angered during the hearing of a plea filed by Tusharbhai Rajnikantbhai Shah, a Surat resident accused in a cheating case. The Supreme Court had previously granted him interim anticipatory bail on December 8, 2023. Justice Mehta questioned the blatant disregard for the court's order, stating that the Surat police's move to take the businessman into custody was a gross contempt of the Court’s order. The court also asked how could the Investigating Officer (IO) dare to seek the remand despite anticipatory bail?

Reacting to the businessman spending four days in police custody, the apex court said 'let the Magistrate and the IO be inside for four days'. Additional Solicitor General S V Raju, representing the state, attempted to alleviate tensions by offering an apology. He acknowledged that the Investigating Officer (IO) had made a significant error, and he sought to address the situation by expressing regret before the court.

Asked about the CCTV footage, Additional Solicitor General S V Raju said that cameras were not working. To this, the court noted that this was expected. "It’s intentional. The cameras may not have been working for those four days. The police may not have marked his (Shah's) presence in the police station diary. This is sheer abuse of power," said the court.

The Supreme Court then asked the Additional Solicitor General to bring everyone to the court on January 29 with all their 'bags and baggage' saying that the court will decide the matter on January 29 itself.