( 1 ) SINCE common issue is involved in all these petitions / applications requesting this Court to initiate contempt proceedings against the respondents ? opponents in the respective applications for the alleged custodial violence and wilful and deliberate breach of the guidelines issued by the Hon ble Supreme Court in the case of D. K. Basu V/s. State of West Bengal, 1997 (1) SCC 416 and since all these petitions / applications are heard together, the same are being disposed of by this common judgment.

( 2 ) CRI. Misc. Application No. 164 of 2004 is filed by five persons, namely, (1) Mohmed Juned Shamsuddin Saiyed (2) Harish Shakeel Ahmed Ansari, (3) Zahidkhan Khayyum Khan Pathan, (4) Abdul Rauf Ramjubhai Dhobi and (5) Mohmad Rafik Nasimbhai Ansari and according to them, they were illegally picked up and detained by the opponents during the period between 06. 12. 2003 to 09. 12. 2003. They came to be arrested on 11. 12. 2003 in connection with the offence registered with DCB, Ahmedabad being C. R. No. I 16/2003. They were produced before the learned Special Judge (POTA)on 12. 12. 2003. An application for police custody was moved by Additional Commissioner of Police, Ahmedabad ? the opponent No. 3 herein seeking police custody for the period of 21 days. The learned Special Judge (POTA) vide his order dated 12. 12. 2003 rejected the said application for police custody. Being aggrieved by the said order, the State Government has preferred Criminal Appeal No. 1557 of 2003 under Section 34 of the Prevention of Terrorism Act (for short ?pota?) before this Court and this Court has admitted the said appeal and granted ad-interim relief in the form of granting police custody for a period of 10 days. Pursuant to this order, the applicants were taken in police custody from Sabarmati central jail on 24. 12. 2003. On the very same day, the applicants moved an application before the POTA Court ventilating the apprehension of custodial torture and custodial violence and seeking compliance by the opponents of the guidelines and directions issued by the Hon ble Supreme Court in D. K. Basu s case (Supra ). The wife of the applicant No. 3 Zahidkhan has also filed an affidavit stating that the opponent No. 4 i. e. Police Inspector, DCB, Ahmedabad had threatened the applicant No. 3 with fake encounter death. The said application however was rejected by the learned Special Judge, POTA.

( 3 ) IT is also the case of the applicants that the applicants advocate Mr. L. R. Pathan and Mrs. Rehana Zahidkhan visited the applicants during the period when the applicants were in police custody and the applicants have complained of custodial torture and custodial violence being meted out to the applicants. The applicants, therefore, filed Special Criminal Application No. 1321 of 2003 before this Court which was disposed of on 30. 12. 2003, after recording consensus that with a view to allay the apprehension of the petitioners, the police, even during the custodial remand, shall allow visit by any lawyer of the choice of all the accused for about 30 minutes every day during the period between 07. 00 p. m. to 08. 00 p. m. and, if requested by the lawyers at the instance of the accused, the concerned accused shall also get examined through the Medical Officer. It is also the case of the applicants that on 02. 01. 2004 when the period of 10 days granted by this Court of police custody was over, the applicants were produced before the learned Special Judge (POTA) on 03. 01. 2004 and on being asked by the learned Special Judge (POTA), the applicants have complained of custodial torture and custodial violence meted out to them. The learned Special Judge (POTA), therefore, took notice of the said facts and on a complaint of the applicant No. 1 - Juned, the learned Special Judge (POTA) also directed medical examination by taking note on record the physical marks of custodial torture and custodial violence on the body of the said Mr. Juned.

( 4 ) IN the a