The Supreme Court of India issued notice on Wednesday to several government officials and a judicial officer from the state of Gujarat over their arrest of a businessman, Tusharbhai Rajnikantbhai Shah, in violation of an anticipatory bail order granted by the Court in December 2023. Anticipatory bail is a legal remedy allowing individuals to seek bail before arrest, protecting them from detention for a specific period, subject to court consideration of relevant factors. It is under Section 438 of the Code of Criminal Procedure, 1973 and Section 482 of the new Bharatiya Nagarik Suraksha Act, 2023.

In the legal proceeding, the counsel of the petitioner reportedly argued that despite the Supreme Court order granting anticipatory bail, the Magistrate had remanded the petitioner to police custody for four days. The counsel claimed that during this time, the petitioner was tortured in front of the complainant to force a settlement. The counsel had filed complaints against this conduct.

The Additional Solicitor General, representing the state of Gujarat, acknowledged a mistake and attempted to apologize, but the judges strongly criticized the blunder, calling it a gross abuse of the Court’s order. In its short order, the court issued notice to several police officials from the city of Surat, a secretary of the government of Gujarat and a magistrate. They highlighted the contemptuous nature of the actions and suggested issuing a notice of contempt to the Magistrate as well. The judges insisted on a corrective response and suggested that both the Investigating Officer and the Magistrate undergo four days of custody themselves. Justice Sandeep Mehta, who was hearing the Contempt Petition, reportedly remarked, “This is a gross contempt of the Court’s Order on the face of the record. How could he have been taken into custody? How could the Investigating Officer dare to seek the remand?”

The court, in its December 8, 2023 order, had held that an ad interim order grants the petitioner bail upon executing personal bonds of INR 25,000 with sureties. However, the court added, “the petitioner is directed to cooperate with the investigation and report to the Investigating Officer as and when directed to do so.”

In India, a Contempt of Court Petition addresses willful disobedience or disrespect towards a court’s authority or orders, classified into civil and criminal contempt. Governed by the Contempt of Courts Act, 1971, it allows courts to penalize contemptuous acts, either initiated suo moto, on their own will, or through a filed petition, with potential consequences including imprisonment or fines.