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"Serious Issue": Gujarat HC On Lawyer's Plea Alleging That He Was Illegally Detained By Police Officer For Advising Client

Sparsh Upadhyay
14 March 2022 2:52 PM GMT
Serious Issue: Gujarat HC On Lawyers Plea Alleging That He Was Illegally Detained By Police Officer For Advising Client
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The Gujarat High Court today took a serious note of a plea moved by an advocate who sought to initiate contempt of court proceedings against a police officer for violation of guidelines laid down by the Supreme Court of India in Arnesh Kumar v. State Of Bihar, by alleging that the officer/alleged contemnor detained him on account of a previous grudge. Having heard the matter, the Bench...

The Gujarat High Court today took a serious note of a plea moved by an advocate who sought to initiate contempt of court proceedings against a police officer for violation of guidelines laid down by the Supreme Court of India in Arnesh Kumar v. State Of Bihar, by alleging that the officer/alleged contemnor detained him on account of a previous grudge.

Having heard the matter, the Bench of Chief Justice Aravind Kumar and Justice Ashutosh J Shastri, termed it as a 'serious' issue, and orally asked the respondent as to why this was done and why did he implicate the lawyer in the case.

Essentially, the client of the applicant/advocate was arrested by the respondent/police officer in September 2020 and was released on the next date, however, since he was allegedly beaten up while in custody, the client approached the applicant/advocate and it was advised to him to file a complaint and register an FIR against the police officer.

Pursuant to the advice, the client got registered an FIR, and since the action was initiated against the respondent police officer, the client was again picked up and was beaten up again mercilessly, to the extent that he got paralysis attack.

Thereafter, the client moved the HC by way of filing a contempt plea against the police officer on account of violation of the DK Basu cases guidelines and for subjecting him to custodial torture.

Now, since the plea was moved on the advice of the applicant/advocate, the police officer allegedly developed a grudge against him as well, and therefore, he was picked up by the police officer and was detained in custody in March 2021. He and his wife were booked under an FIR as well relating to a civil dispute.

In view of this, the Bench directed the Deputy Superintendent of Police, or any other officer authorized on his behalf to handover the station house diary of the concerned police station in Rajkot in a sealed cover forthwith to the jurisdictional Court of Magistrate, who in turn shall transmit the same to the Court by deputing a special messenger.

Since the State was represented during the hearing of the case, the Assistant Government Pleader was asked to intimate the jurisdictional Deputy Superintendent of Police to comply with the aforesaid order.

With this, the matter was re-listed for further hearing on March 28, 2022 and the contemnor has been asked to appear in person on all dates of hearing until dispensed with.

Advocate Premal S. Rachh appeared for the petitioner.

Case title - Bharatbhai Thobhanbhai Koyani v Jayendrasinh Udesinh Gohil

Click Here To Read/Download Order

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