Gujarat High Court stays contempt proceedings against Madhya Pradesh officials in 2008 serial blasts case

Source: dnaindia.com

The Gujarat High Court’s single judge bench of Justice SH Vora has stayed a special court, which is hearing the 2008 serial blasts case, from initiating contempt proceedings against Madhya Pradesh government officials for not shifting 10 serial blasts accused from a jail in MP to Sabarmati central jail in Ahmedabad. The court also sought a reply from the state government and the 10 accused, who want to return to Sabarmati Jail, and posted the matter for further hearing on July 9.

The high court also clarified that the accused would remain lodged in the Bhopal central jail for the time being and face the trial in the blasts case through video conferencing.

Notably, on June 1, the special court ordered the Bhopal central jail superintendent and IG prisons in MP to shift the 10 accused to Ahmedabad. Notably, the accused, including Safdar Nagori, had requested the court to bring them to Ahmedabad to face the remaining trial. The accused were shifted to MP after their conviction in a terrorism case over a year ago.

As per the case details, the special court had issued production warrants under section 267 of the Criminal Procedure Code (CrPC) directing the MP officials to shift the accused to Ahmedabad by June 20. This was supposed to be done by revoking the ban on their movement imposed under section 268 of CrPC. The special court had ordered that the 10 accused would remain in its custody at Sabarmati Jail till the recording of their statements is over and warned MP government officials of contempt proceedings, if the order is not complied with.

Eventually, the MP government challenged the special court’s order before the Gujarat High Court. It contended that the trial court cannot issue production warrants before section 268 of CrPC is revoked. It also contended that the lower court cannot initiate contempt proceedings as well.

The high court agreed with the submissions made by the MP government and termed the trial court’s order as “general and vague” and said that the power of initiating contempt is vested with the high court.