The apex court was hearing an appeal by four police personnel against their 14-day sentence for contempt of court and violating guidelines about detaining and interrogating suspects.
Published Date – 23 January 2024, 09:52 PM
New Delhi: The Supreme Court on Tuesday stayed the contempt proceedings against four police officials of Gujarat, who were sentenced to 14 days of imprisonment by the State High Court in October 2023 for flogging five Muslim men in full public glare after tying them to poles at Undhela village in Kheda district of Gujarat.
The bench of Justices BR Gavai and Sandeep Mehta criticised the Gujarat Police for publicly flogging five men in 2022.The apex court was hearing an appeal by four police personnel against their 14-day sentence for contempt of court and violating guidelines about detaining and interrogating suspects.
Taking exception to the act and asking what authority they had in tying the men to poles and flogging them, the apex court asked, “So you have authority under the law to tie people to poles and beat them?” “What kind of atrocities are these? Tying the people to a pole, beating them in public view and taking videos. Then you want this court to intervene,” asked the bench.
Senior advocate Siddharth Dave, appearing for police officers, told the bench that the cops were already facing criminal prosecution, departmental proceedings, and an inquiry by the National Human Rights Commission.
Admitting the statutory appeal preferred by four police officers – AV Parmar, DB Kumavat, Laxmansinh Kanaksinh Dabhi, and Rajubhai Dabhi – under Section 19 of the Contempt of Courts Act, 1971, the bench said, “It is a statutory appeal. It has to be admitted.” The four police officers have challenged the October 19, 2023, Gujarat High Court order. The High Court order had come after five-men approached it contending that they being tied to a pole and flogged in full public view was the violation of guidelines framed relating to custodial torture.
The Muslim men were accused of allegedly pelting stones at a Garba event.
The High Court had found the four policemen guilty of contempt of court for violating the Supreme Court’s guidelines which outlined the proper conduct of police during arrests, detentions, and interrogations.
The incident relates to October 3, 2022, when videos surfaced showing men being flogged allegedly for disrupting a garba event in Kheda district of Gujarat.
The people belonging to a Ccommunity then approached the High Court and named 13 police officials alleging flogging and illegal detention. After an inquiry by a Magistrate in Nadiad, the High Court initiated action against four police officials who have now approached the Supreme Court challenging their sentencing by the High Court.
