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Issues Involved:
1. Incident of arrest, assault, and humiliation of the Chief Judicial Magistrate (CJM) by police officers. 2. Inquiry and findings by Justice R.M. Sahai. 3. Contempt of court proceedings against police officers. 4. Quashing of criminal proceedings against the CJM. 5. Guidelines for the arrest and detention of judicial officers. Summary: 1. Incident of Arrest, Assault, and Humiliation: On 25th September 1989, Inspector S.R. Sharma arrested, assaulted, and handcuffed N.L. Patel, CJM, Nadiad, tying him with a thick rope and publicly humiliating him on a false charge of consuming liquor in violation of Gujarat's prohibition law. This incident led to national outrage among the judiciary and legal fraternity, prompting several petitions u/s Article 32 of the Constitution for protecting judicial dignity. 2. Inquiry and Findings by Justice R.M. Sahai: Justice R.M. Sahai was appointed to inquire into the incident. His report, based on evidence and witness statements, found that Patel was invited to the police station by Sharma, assaulted, and forced to consume liquor. The police's version of events was deemed fabricated. The report highlighted the premeditated nature of the assault and the complicity of other police officers. 3. Contempt of Court Proceedings: The Supreme Court issued contempt notices to several police officers involved. The findings of the inquiry were upheld, rejecting objections raised by the police officers. The court held that the police officers' actions constituted criminal contempt as they lowered the authority of the judiciary and interfered with the administration of justice. S.R. Sharma, K.H. Sadia, Valjibhai Kalajibhai, Pratap Singh, and M.B. Savant were found guilty of contempt. 4. Quashing of Criminal Proceedings Against the CJM: The court quashed the criminal proceedings against Patel, holding that the FIRs and subsequent charge sheets were based on false and manufactured evidence. The court exercised its power u/s Article 142 of the Constitution to quash the proceedings, ensuring complete justice and preventing abuse of the court process. 5. Guidelines for Arrest and Detention of Judicial Officers: The court laid down specific guidelines to be followed in the case of the arrest and detention of judicial officers to preserve judicial independence and ensure fair treatment. These include prior intimation to the District Judge or High Court, technical or formal arrest, immediate communication of arrest, prohibition of taking the judicial officer to a police station without prior order, and no handcuffing except in cases of violent resistance. Conclusion: The court emphasized the importance of protecting the judiciary's dignity and independence, condemned the police officers' actions, and directed the State Government to take disciplinary action against the erring officers. The court's decision aimed to prevent future incidents of a similar nature and ensure the administration of justice remains unimpeded.
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