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2026 Supreme(Guj) 1247

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, L. S. PIRZADA, JJ.
Palabhai Rambhai Aambalia - Appellant
Versus
Jaydeepsinh Sarvaiya, Deputy Commissioner Of Police & Ors. - Respondent
Misc. Civil Application (For Contempt) No. 554 of 2021
Decided On : 02-04-2026

Advocates:
Advocate Appeared:
For the Appellant : Mr Aj Yagnik(1372)
For the Respondent: Mr Virat G Popat(3710), Chintan K Gandhi(8600), Mr Dhawan Jayswal, AGP

Contempt of court proceedings for custodial violence require a clear prima facie showing of willful violation of established procedural guidelines. Where investigative processes have been initiated and alternative remedies are available for challenging police conduct, contempt jurisdiction is not appropriately invoked in the absence of solid factual evidence.

Headnote:(A) Contempt of Courts Act, 1971 - Section 2(b) - Civil Contempt - Alleged custodial torture and violation of guidelines regarding arrest - Petitioner alleged failure of authorities to comply with mandatory procedures and failure to initiate investigation into complaints of custodial violence - Court scrutinized record, including investigation status reports and medical records, finding no prima facie violation of established guidelines - Allegations regarding custodial torture lack sufficient factual foundation to invoke jurisdiction under the Act. (Paras 2, 25, 26, 27)

(B) Custodial Rights - Obligations of investigating authorities - Requirement to follow procedural guidelines for arrest and detention - Non-compliance renders officials liable for contempt. (Paras 35, 36)

Facts of the case:
The applicant alleged that while in the custody of law enforcement authorities, he was subjected to physical brutality despite being granted bail. The applicant moved various forums complaining against the officials, including requests for registration of a formal complaint for cognizable offences. Although an official inquiry was initiated resulting in an investigation report and a subsequent report indicating insufficient evidence, the applicant sought contempt proceedings for the alleged defiance of established Supreme Court guidelines on custodial conduct.

Findings of Court:
The court noted that a formal complaint had been registered and investigated, culminating in an 'A' Summary report indicating that sufficient evidence was not available. Upon review of the documentation and medical findings, the court concluded that the specific guidelines for arrest and detention were not violated in a manner that would justify contempt proceedings. The court determined that the applicant failed to establish a prima facie case for the invocation of contempt jurisdiction.

Issues: Whether the actions of the law enforcement authorities constituted a willful and conscious defiance of the guidelines regarding custodial detention and violence, thereby warranting proceedings under the contempt law.

Ratio Decidendi: Contempt jurisdiction is extraordinary and requires a clear, prima facie showing of willful disobedience of specific court-mandated guidelines. Where an investigation has been conducted, a report submitted, and the applicant has alternative legal remedies to challenge the investigation results before the appropriate magisterial court, the threshold for initiating contempt proceedings is not met.

Result: Application dismissed; notice discharged.

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned advocate Mr. A.J. Yagnik for the applicant, learned advocate Mr. Virat Popat for respondent nos. 1 and 2, learned advocate Mr. Chintan K. Gandhi for respondent no.3 and learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondent State.

2. This application is filed to initiate the proceedings of contempt under section 2(b) of the Contempt of Courts Act, 1971 (For short “the Act of 1971”) against the respondents for alleged conscious, willful and repeated defiance of order dated 18.12.1996 passed by the Hon’ble Supreme Court in case of D.K. Basu v. State of West Bengal reported in (1997) 1 Supreme Court Cases 416 whereby Hon’ble Supreme Court has issued directions to the police/investigating officer to keep in mind and follow up the requirements both before and after a person is arrested.

3. The applicant initially preferred Criminal Misc. Application No.12780/2020 which was disposed of by order dated 08.07.2021 with a liberty to the applicant to move an application alleging civil contempt.

4. Brief facts of the case are that the present applicant is a farmer based in Devbhumi Dwarka and President of Farmers Wing of Gujarat Congress Pradesh Samiti representing Indian National Congress.

5. It is the case of the applicant that pursuant to an FIR against the applicant, the applicant was called to the Pradyumnanagar Police Station, on 20.05.2020, in order to be released on bail. After the applicant was granted bail from the Pradyumnanagar Police Station, while returning, he was called back for giving Thumb Impression and after the applicant went back to the very Police Station, he was taken to office of the Police Commissioner, Rajkot City by police personnel.

6. It is further the case of the applicant that, in the premises of the office of Police Commissioner, Rajkot City, the applicant was held against his wish against a tree by two Police officers being, the Respondent No.1 Deputy Commissioner of Police and the Respondent no.2 Police Inspector who, brutally thrashed the applicant due to which the applicant received substantial blows on the buttocks and other lower parts of the body. It is the case of the applicant that, there was no reason for Respondent-Police to beat the applicant in the premises of the office of the Commissioner of Police that too while the applicant was in the custody of respondent-police.

7. It is the case of the applicant, that thereafter, on 21.05.2020 at about 10 A.M., different cases were registered against the applicant under Section 107 and Section 116(3) of the Code of Criminal Procedure, 1973. Thereafter, on the same day, the applicant was produced before the Executive Magistrate and the Magistrate had directed the Police to take the applicant to the Rajkot Civil Hospital for treatment. It is also the case of the applicant that the applicant had moved an application intimating the Magistrate that he had been beaten/tortured while in custody but no action was taken by the Executive Magistrate against the said application.

8. Thereafter, the Doctor at the Civil hospital, Rajkot suggested the applicant to get admitted in the hospital as an indoor patient for receiving treatment. However, as the applicant wanted to get treated at a private hospital he was once again taken to the office of the Executive Magistrate (Mamlatdaar) by the police for obtaining permission regarding the same. It is the case of the applicant that again this time he had moved a written application before the Magistrate alleging torture at the hands of the Respondent Nos. 1 & 2 while he was in custody. However, neither any order was passed by the Magistrate on the said application nor any action was taken by the Magistrate and the Magistrate permitted the applicant to take treatment from one Madhuram Hospital.

9. It is the case of the applicant that on 24.05.2020, the applicant along with few other people approached the Pradyumnagar Police Station with

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2026 Supreme(Guj) 1247

IN THE HIGH COURT OF GUJARAT AT AHMEDABADBHARGAV D. KARIA, L. S. PIRZADA, JJ.Palabhai Rambhai Aambalia - AppellantVersusJaydeepsinh Sarvaiya, Deputy Commissioner Of Police & Ors. - RespondentMisc. Civil Application (For Contempt) No. 554 of 2021Decided On : 02-04-2026

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, L. S. PIRZADA, JJ.
Palabhai Rambhai Aambalia - Appellant
Versus
Jaydeepsinh Sarvaiya, Deputy Commissioner Of Police & Ors. - Respondent
Misc. Civil Application (For Contempt) No. 554 of 2021
Decided On : 02-04-2026