HC asks lower courts to decide on remand plea in a day
AHMEDABAD: Gujarat high court on Monday asked all criminal courts and special courts to hear and pass order on remand application filed by cops on the day the accused is produced in court.
A single bench of justice J B Pardiwala issued the order after a suspended cop K D Patel, who has been arrested for allegedly accepting bribe from Narayan Sai, for not parting with vital documents, questioned his own remand. He argued that he was granted bail more than six months after his arrest. He submitted that law states that remand cannot be granted 15 days after the arrest of an accused.
The high court heard the case at length. Patel’s counsel and the government lawyers relied upon various orders passed by different high courts and the Supreme court on the issue of whether remand can be granted after 15-day time period is lapsed from the date of arrest.
Justice Pardiwala, in his judgment, quashed Surat court’s remand order and issued guidelines for all criminal and special courts asking them to dispose of remand applications on the same day of production.
The court also directed all district courts or revision courts to decide remand applications at the earliest, if the state government challenges the rejection of remand by a magisterial court. This urgency in proceeding was ordered keeping in mind the statutory time period of fifteen days, when the accused can be taken to police custody.
The high court has also directed lower courts not to remain liberal in granting stay on custodial interrogation, if the accused intends to question remand order before a revision court. “The court should be circumspect and very slow in staying the operation of remand order on merely asking by the accused,” the order said.