Gujarat High Court Frames Charges Against 4 Policemen For Contempt Of Court In Public Flogging Case During Garba Festival
|The Gujarat High Court framed charges against four policemen for contempt of court for their role in the the public flogging of some members of a minority community arrested in Kheda district in October 2022. The incident in question occurred last year during the Garba festive. The applicants alleged illegal detention, assault, and subsequent beating by respondent nos. 2 to 14 using lathis which was recorded and circulated publicly.
A Division Bench of Justice A.S. Supehia and Justice M. R. Mengdey said that, “You, the respondent No.2 - Mr.A.V.Parmar, the respondent No.3 - Mr.D.B.Kumavar, Respondent No.5 - Mr.Kanaksingh Laxman Singh, and the respondent No.13 - Mr.Raju Rameshbhai Dabhi have actively participated and have carried out the act of flogging the applicants in public by tying them to a pole on 04.10.2022 at around 14:00 hrs. at Undhela Village Masjid chowk. Thus, you, the respondent No.2- Mr.A.V.Parmar, the respondent No.3- Mr.D.B.Kumavar, Respondent No.5-Mr.Kanaksingh Laxman Singh, and the respondent No.13-Mr.Raju Rameshbhai Dabhi by committing the aforesaid acts, have violated the law enunciated by the Apex Court in the case of law enunciated by the Apex Court in the case of D.K.Basu(supra) and hence, why you should not be punished under the provisions of Section 2(b) read with Section 12 of the Act.”
Senior Advocate I H Syed appeared for the Applicants and Advocate Mitesh Amin appeared for the Respondents.
The Court referenced the D.K. Basu case and subsequent rulings, emphasizing the importance of adhering to the guidelines issued by the Supreme Court in safeguarding the rights and dignity of arrestees. The complainants contended that they were brutally beaten in public view after being detained.
The Magistrate's report identified specific respondents involved in the incident. Based on the report, the Court identified four respondents, who actively participated in the flogging. The Court added, “No role of any other respondents has been found by the learned Magistrate, neither in the videos nor in the photographs. Hence, we are not inclined to frame charges against the rest of the respondents, except the four respondents as mentioned herein above. The other respondents are ordered to be deleted from the array of parties.”
Regarding the argument raised by respondent No.3, the Court disagreed with the contention that he did not violate the guidelines. The Court said, “The respondent No.3 has not made any efforts to see that the applicants, who were being brutally flogged in public view by the other respondents, are rescued. No efforts are made by him to stop the flogging. On the contrary, his presence in the chowk with other assailants shows that he has accompanied with other respondents and has played an active role in bringing the applicants to chowk from the Police Station and they are tied to the pole and thereafter mercilessly beaten. Hence, there is a tacit consent or approval by the respondent No.3 in the illegal and humiliating act. Hence, no immunity can be granted to the respondent No.3 from framing the charge for contempt of Court.”
The Court framed charges against them for their active participation in the flogging incident. The Court granted further time to the respondents to file additional affidavits in response to the charges, with the condition that no further extensions would be allowed. The matter was scheduled for the next hearing on October 11, 2023.
Cause Title: Jahirmiya Rehamumiya Malek v. State of Gujarat