In a scathing critique, the Supreme Court admonished the Gujarat Police on Tuesday for the public flogging of five individuals from the Muslim community in 2022.
The court questioned the audacity behind tying them to poles and administering physical punishment, expressing incredulity at the officers’ actions.
A bench comprising Justices BR Gavai and Sandeep Mehta presided over an appeal lodged by four police personnel—Inspector A V Parmar, Sub-Inspector D B Kumavat, Head Constable K L Dabhi, and Constable R R Dabhi—against a Gujarat High Court order from October 19, 2023.
This order had sentenced them to 14 days of simple imprisonment for contempt of court, as they violated the Supreme Court’s guidelines regarding the detainment and interrogation of suspects.
Justice Gavai, visibly irate during the hearing, exclaimed, “What kind of atrocities are these? Do you have the authority under the law to tie people to a pole and beat them?” His sentiments were echoed by Justice Mehta, who sternly reprimanded the officials for their actions and questioned the need for the Supreme Court’s intervention.
The officials’ defense, presented by senior advocate Siddharth Dave, emphasized ongoing criminal prosecution, departmental proceedings, and an inquiry by the National Human Rights Commission (NHRC).
Dave contended that the primary issue was the high court’s jurisdiction in contempt proceedings rather than the officials’ culpability.
However, Justice Gavai countered, asserting that every police officer should be aware of the law laid down in the DK Basu case, which established guidelines for arrests, detention, and interrogation.
The officials’ claim of ignorance was dismissed, as Justice Gavai declared, “Ignorance of the law is not a valid defense.”
Despite arguments against contempt jurisdiction, the court inquired about the status of a private complaint against the accused policemen.
Senior advocate I H Syed, representing the complainant, confirmed its pending status. Justice Gavai clarified that, as it was an appeal, the court needed to hear the matter.
Dave sought a stay on the high court’s order to prevent the appeal from becoming infructuous.
In a derisive remark, Justice Gavai quipped, “Go and enjoy the custody. You will be a guest of your own officers. They will provide you special treatment.” Eventually, the court acceded to Dave’s request and granted a stay on the sentence.
The case’s history, rooted in an incident where five Muslims were allegedly beaten by the accused policemen, highlighted the violation of Supreme Court guidelines during the arrest and detention process.
The high court, in its October 19, 2023, order, found the four policemen guilty of contempt and sentenced them to 14 days in jail, with a three-month stay to facilitate their appeal.
The incident had initially involved 13 policemen, but after a probe, the CJM specified the roles of only four, leading to the contempt charges.