In a significant development, the Gujarat High Court has begun framing charges under the Contempt of Courts Act against four policemen, exactly a year after several Muslim men were publicly flogged in Gujarat’s Kheda district. The incident had sparked widespread outrage and condemnation.
The division bench, comprising Justices A S Supehia and M R Mengdey, relied on the inquiry report from the Nadiad chief judicial magistrate. They initiated contempt proceedings under section 2(b) (civil contempt) read with section 12 (punishment for contempt) of the Act. This action was taken against the accused for violating the guidelines laid down by the Supreme Court in the landmark case of D K Basu versus the state of West Bengal.
During the Navratri celebrations last year, at least four Muslim men were allegedly detained illegally and publicly flogged by the police in Kheda, purportedly to
“maintain peace and harmony.”
The victims, identified as Jahirmiya Malek, Maksudabanu Malek, Sahadmiya Malek, Sakilmiya Malek, and Shahidraja Malek, subsequently filed a contempt petition against 13 Kheda police officers.
The petitioners sought compensation and argued that 15 officers, including the Ahmedabad Range IG and Kheda SP, should be
“punished for contempt and non-compliance”
of the directives issued by the Supreme Court in the D K Basu case. These directives provide guidelines for the police to follow during arrests and detentions.
The four accused police officials are Inspector A V Parmar, Sub-Inspector D B Kumavat, Constable Rajubhai Rameshbhai Dabhi, and Head Constable Kanaksinh Laxmansinh. Parmar was reportedly seen striking Sahadmiya, Sakilmiya, and Shahidraja with a stick. In contrast, Kumavat was observed sitting and occasionally standing in the background, without actively participating in the flogging. Kanaksinh was seen pushing the victims towards a van, while Rajubhai was seen tying the men to a pole.
Responding to Kumavat’s claim that he cannot be held liable for contempt as he wasn’t actively involved in the flogging, the division bench remarked,
“Incident of flogging has happened in broad daylight before a crowd. Presence of Kumavat is not in dispute. Kumavat has not made any efforts that the applicants who are being brutally flogged in public view by other respondents are rescued, no efforts are made to stop the flogging. On the contrary, his presence… shows he accompanied other respondents and has played an active role… they were tied and mercilessly beaten.”
The court concluded that Kumavat’s passive presence implied tacit consent to the
“illegal and humiliating act.”
The bench stated,
“Hence no immunity can be granted to (Kumavat) from framing the charges under Contempts of Court Act.”
The proceedings against 11 other police officers were dropped by the bench. The case has been adjourned, with the court granting the accused police officials time to file their defense affidavits by October 11.