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Flogging Of Stone Pelting Accused: 'Appear Or We Will Proceed As Per Law': Gujarat High Court To Cops In Contempt Plea
Sparsh Upadhyay
20 Jan 2023 7:00 AM GMT
The Gujarat High Court on Wednesday made it clear to the cops involved in the flogging of certain accused who allegedly pelted stones at a Gabra event in Gujarat's Kheda District in October last year that if they don't appear in the contempt plea pending before the Court, the Court 'shall proceed in accordance with law'.The Bench of Justice N. V. Anjaria and Justice Niral R. Mehta instructed...
The Gujarat High Court on Wednesday made it clear to the cops involved in the flogging of certain accused who allegedly pelted stones at a Gabra event in Gujarat's Kheda District in October last year that if they don't appear in the contempt plea pending before the Court, the Court 'shall proceed in accordance with law'.
The Bench of Justice N. V. Anjaria and Justice Niral R. Mehta instructed the state's counsel to convey to the cops (private respondents) that if they want to represent themselves in the contempt plea in a private capacity, they must appear, also engage an advocate if they want to, otherwise on the next day we will proceed in accordance with the law.
"We must make it clear...They should know if they are not aware (of the contempt plea). It can't be that they are not aware," the bench remarked orally.
The proceedings arise out of a plea moved by 5 members of a Muslim family seeking contempt action against several Police officers for allegedly tying and beating them up in full public view, cheering on and recording the incident, and circulating it in social media.
The Police action was allegedly in aftermath of the communal clash in Undhela village situated in Matar Taluka of Kheda district on October 3. It is alleged that some intruders pelted stones at the crowd during Navratri celebrations. At least 40 persons were arrested in the incident.
One of the Petitioners, Maksudabanu, a senior citizen, alleged that the Police entered her house at night in the absence of a woman constable, beat her up, and put her and her family members in illegal detention at the Police station.
It is alleged that the Petitioner and 5 others were later brought back to the village, tied up to a pole in the middle of the chowk, and brutally beaten up using lathis in front of the crowd. Earlier in October 2022, the Court issued a notice to the state.
Now, on January 18, 2023, when the matter came up before the bench of Justices Anjaria and Mehta, the Senior Advocate IH Saiyed argued that the incident was in blatant violation of the guidelines issued by the Supreme Court in the case of D.K. Basu V/s. State of West Bengal [(1997) 1 SCC 416.
Having heard the arguments at lenght, the Court posted the matter for further hearing on March 30, 2023, by passing the following order:
"Learned Assistant Government Pleader Mr.Manan Mehta prays for time stating that affidavit-in-reply on behalf of respondent No.15 would be filed. 2. The proceedings are the proceedings for contempt of the Court in wake of the allegations that the directions and the law laid down by the Supreme Court in D.K. Basu V/s. State of West Bengal [(1997) 1 SCC 416] have been flouted. 3. From the endorsement on the board, it could be noticed that amongst the respondents who are arraigned in their individual capacity, none has so far appeared. Stand over to 30.1.2023."
Case title - Jahirmiya Rehamumiya Malek & Ors. v. State of Gujarat & Ors.
Click Here To Read/Download Order
