Gujarat High Court has ordered inquiry into an unprecedented incident whereby a High Court Judge received phone calls and SMS from unknown number, in connection to an Anticipatory Bail Listed before her.
Justice Bela M Trivedi directed the Superintendent of Police to get the statements of Mr. Niranjan Patel, M.L.A., Petlad and of Mr. Tofikbhai Vhora, whose address is mentioned hereinabove, recorded through the concerned Dy.S.P. and submit the same to the Court by tomorrow.
As stated in the order, Justice Trivedi received a call at 08:55 AM from an unknown caller, who introduced himself as Niranjan Patel, MLA, Petlad. When Judge asked him as to why he was calling, the caller mentioned to the judge that a criminal case was listed before the Court that day.
It was mentioned that the Judge immediately stopped him and told him that he cannot call the judge like this and disconnect the call.
Thereafter the said person made three calls one after the other, however, they were not picked up.
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Immediately thereafter at 9 a.m., a message in English script was sent from the said mobile number, stating the details of the criminal case fixed for hearing that day.
Disturbed and furious over the calls, the judge requested the Registrar (IT) of the High Court to inquire into as to in whose name the said mobile number was registered. On Truecaller, the number was found to have belonged to “Tosif Faiz Xerox”, having Vodafone connection.
During the hearing on Monday, the lawyer appearing for the bail applicant in the particular case mentioned told the Court that his client had no connection with “Mr Niranjan Patel.”
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Rather, Advocate Ashish M Dagli stated that Patel was interested in getting his client arrested, alleging that Patel had also approached the police to ensure his client’s arrest.
The Court noted that, “Since, nobody can directly or indirectly try to approach the Court or to influence the Court, in a way try to pollute the stream of justice, it is necessary to obtain the details of the call.”
When the matter was taken up today, the Court was informed that the number had been ported to a Jio service and that the given name of the subscribed was Tofikbhai Vhora, son of Salimbhai Vhora.
Appearing for the bail applicant whose case was mentioned by the caller, Advocate Dagli told the Court that his client does not know of any such person either.
The Court noted that, “It is needless to say that any person doing any act whatsoever which prejudices or interferes or tends to inferfere with, due course of any judicial proceeding or interferes or tends to interferes with the administration of justice in any manner, would be said to have committed a “criminal contempt” within the meaning of Section 2(c) of the Contempt of Courts Act. However, before forming any prima facie opinion in that regard, it would be necessary to ascertain as to who infact was in custody of the mobile number … and as to who infact had made the call and sent the messages in question. “
Therefore, the Court has directed the Superintendent of Police to get the statements of Mr. Niranjan Patel, M.L.A., Petlad and of Mr. Tofikbhai Vhora, whose address is mentioned hereinabove, recorded through the concerned Dy.S.P. and submit the same to the Court by tomorrow.
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The matter will be taken up again tomorrow.
The Court also cautioned,” the matter shall be viewed very seriously if the concerned persons do not state the correct facts in their respective statements. “
Read Order here: