'What Authority You Have To Tie People To Poles & Beat Them?' : Supreme Court To Gujarat Police Officers Involved In Kheda Flogging

The Supreme Court on Tuesday (January 23) stayed the contempt proceedings against four police officers who were sentenced to 14 days of imprisonment by the Gujarat High Court in October last year for their involvement in the public flogging of Muslim men in Gujarat's Kheda.

A bench of Justices BR Gavai and Sandeep Mehta today admitted the statutory appeal preferred by police officers A V Parmar, D B Kumavat, Laxmansinh Kanaksinh Dabhi, and Rajubhai Dabhi under Section 19 of the Contempt of Courts Act, 1971 against a October 19 order of the Gujarat High Court. "It is a statutory appeal. It has to be admitted," Justice Gavai noted during the hearing.

The high court had charged them with contempt of court, after five of the Muslim men flogged in public view approached the court alleging a violation of the DK Basu guidelines on custodial torture. This incident took place at Undhela village in Kheda district soon after their arrest on charges of pelting stones on a garba event. While these police officials were handed out a contempt sentence of 14 days, the high court agreed to stay its execution for three months to allow them to challenge its verdict.

While the bench agreed to admit the case given the statutory nature of the appeal, it came down heavily on the police officers for their conduct. Justice Mehta exclaimed, "What kind of atrocities, and then you expect this court to...Tying the people to poles, beating them in public view."

Appearing for the allegedly errant officials, Senior Advocate Siddharth Dave, informed the court that his clients were already facing criminal prosecution, departmental proceedings, as well as an inquiry by the National Human Rights Commission. But, he questioned the high court's jurisdiction to proceed against them in a contempt case, arguing that a 'wilful disobedience' of the court's order in DK Basu could not be made out. 

"So you have an authority under law? To tie people to poles and beat them?" Justice Gavai asked. 

Justice Mehta chimed in, "And take videos?"

Dave vehemently insisted that the question was not about culpability of the accused, but the jurisdiction of the high court. "It has to be wilful disobedience of the court's judgment. This part has to be found. That he, knowing about this judgment, said no..."

In response to this, Justice Gavai countered, "So, ignorance of law is a [valid defence]? It's the duty of every police officer to know what is the law laid down in DK Basu. As students of law, we have been hearing about DK Basu..."

Assailing the high court's findings that the Muslim men were kept in illegal detention for over 24 hours, Dave argued, "This finding is subject to a trial. Under contempt jurisdiction, they cannot be prosecuted for an offence...Suppose it is later discovered that they were not under illegal custody."

When asked about the status of the private complaint, Senior Advocate IH Syed pointed out that although the private complaint was pending, according to the DK Basu verdict, contempt charges were independent and irrespective of departmental proceedings and criminal prosecution. The senior counsel also argued, "They are simply saying it's not wilful. Beyond that, they have no case."

Dave protested, saying, "I am disputing that."

Ultimately, the bench admitted the appeal and directed the hearing to be expedited. Responding to Dave's request for an extension of the high court's stay on its own order in the contempt case, Justice Gavai initially said, "Enjoy the custody. You will be a guest of your own officers. They will provide you special treatment."

Eventually, however, the top court acceded to the request, and stayed the contempt proceedings before the high court.

Background

The incident in question occurred on October 3, 2022, during a garba event in Gujarat's Kheda district. Video clips emerged, showing police officers flogging individuals accused of disrupting the event. The victims, belonging to the minority community, filed a contempt petition in the Gujarat High Court against 13 police personnel, alleging flogging and illegal detention. They invoked the Supreme Court's guidelines outlined in the DK Basu v. State of West Bengal on custodial torture and sought compensation for the violation of their rights.

Following an inquiry report from a magistrate in Nadiad, the Gujarat High Court initiated contempt proceedings against the four police officials who have approached the Supreme Court. These proceedings eventually led to their conviction on October 19, 2023. Finding the four police officers to have committed contempt of court for violating the Supreme Court's DK Basu ruling, the high court sentenced them to undergo simple imprisonment of 14 days. A fine of Rs 2000 was also imposed on each of the officials, failure to submit which would result in three days being added to their sentence for default. The act of public flogging was criticised as 'inhumane' and 'against humanity' by the division bench of Justices AS Supehia and Gita Gopi.

In parting, Justice Supehia also orally remarked that the court was 'not happy' that the day had come when it was compelled to ask police officers to undergo simple imprisonment.

At the behest of the accused, the division bench, however, stayed this order for three months. 

Case Details 

AV Parmar & Ors. v. State of Gujarat & Ors. | Diary No. 1671 of 2024

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