RAMANLAL JETHALAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Uprecedented as it is, this contempt proceeding has indeed quite shocking and stunning background, where Mr. N.I. Qureshi, a Peon of this Court, taken as a special messenger to directly serve the Notice upon the respondent Police Officer from Calcutta, on his not being found at Hotel Yatri Nivas, Ahmedabad, where he was addressed to be staying temporarily, the petitioner, quite surprisingly in his fancy, taking law the jurisdiction of the Court in his hands, in a dare devil manner, and in total affront to the image of the High Court, abusing the facility granted to him, took the said Mr. N.I. Qureshi out of the jurisdiction of Gujarat State, from Ahmedabad to Bombay, from Bombay to Delhi, from Delhi to Calcutta, to serve the notice and ultimately returned empty-handed back to Ahmedabad. No citizen with average intelligence and understanding ordinarily would have done this, and yet the fact remains that the petitioner who cannot be underestimated in intelligence and understanding has wilfully done it.

(2.) To briefly narrate few relevant facts leading to this contempt proceedings, it maybe stated that one Ramanlal Jethalal Shah, filed writ petition, the same being Special Criminal Application No. 1624 of 1995 against one Mr. Shaikh, a Police Officer from Behala Police Station, Calcutta, who at the relevant time was camping at Hotel Yatri Nivas, Near Pilot Dairy, Kankaria, Ahmedabad, alleging therein that his son Mehul was illegally detained against his wishes and was tortured with some ulterior motive inter alia praying for issuance of the writ of Habeas Corpus directing him to produce him before this Court.

(3.) When this matter camp up for admission on 8.12.1995, this Court issued Notice making it returnable on 11.12.1995, whereby Police Officer Mr. Shaikh was directed to produce before this Court Mehul Shah, who was arrested in connection with Criminal Case No. 606 of 1995 registered at Behala Police Station, Calcutta (W.B.). On further request being made by Mr. A.D. Padival, ld. Advocate appearing for the petitioner, this Court also directed the notice to be served through the Special Process Server of the High Court and accordingly, office deputed Peon Mr. N.I. Qureshi, to go along-with the petitioner to do the needful. Thereafter since it was reported that as Mr. Shaikh, had already left Hotel Yatri Nivas along-with Mehul Shah for enplaning to Calcutta, the petitioner, taking Mr. Qureshi with him, rushed to the airport and there also on finding that Mr. Shaikh had taken the flight, further chasing him and his son in hot-haste, he enpland along-with Mr. Qureshi, went to Bombay, thereafter from Bombay to Delhi, from Delhi to Calcutta, to trace and serve Mr. Shaikh with the Notice of this Court and ultimately returned to Ahmedabad unsuccessfully. On coming to know about this quite unbelievable, surprising and shocking fact this Court, by an order dated 15.12.1995, was constrained to pass the following order:-