The Supreme Court Today (January 23,2024) 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.
NEW DELHI: The Supreme Court of India, Today (January 23,2024), intervened in the controversial Kheda flogging case, staying the contempt proceedings against four Gujarat police officers. These officers were previously 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 district. The bench, comprising Justices BR Gavai and Sandeep Mehta, admitted the statutory appeal filed by the officers under Section 19 of the Contempt of Courts Act, 1971, against the October 19 order of the Gujarat High Court.
Thank you for reading this post, don't forget to subscribe!Justice Gavai noted during the hearing,
“It is a statutory appeal. It has to be admitted.”
The High Court had charged the officers with contempt of court following a petition by five Muslim men who were publicly flogged, alleging a violation of the DK Basu guidelines on custodial torture. This incident occurred at Undhela village in Kheda district soon after their arrest for allegedly pelting stones at a garba event. Although the High Court sentenced the officers to 14 days of contempt, it agreed to stay the execution for three months to allow them to appeal the verdict.
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During the Supreme Court proceedings, the bench expressed strong disapproval of the police officers actions. Justice Mehta remarked,
“What kind of atrocities, and then you expect this court to…Tying the people to poles, beating them in public view.”
When Senior Advocate Siddharth Dave, representing the officers, questioned the High Court’s jurisdiction in a contempt case, Justice Gavai asked,
“So you have an authority under law? To tie people to poles and beat them?”
and Justice Mehta added,
“And take videos?”
Dave argued that the issue was not about the culpability of the accused but the jurisdiction of the High Court, stating-
“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, Justice Gavai highlighted the duty of every police officer to be aware of the law as laid down in DK Basu.
Dave also contested the High Court’s finding that the Muslim men were kept in illegal detention for over 24 hours, arguing that this finding was subject to a trial and could not be prosecuted under contempt jurisdiction. Senior Advocate IH Syed, however, pointed out that the contempt charges were independent of departmental proceedings and criminal prosecution, as per the DK Basu verdict.
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The Supreme Court bench admitted the appeal and directed an expedited hearing. Responding to Dave’s request for an extension of the High Court’s stay on its contempt order, Justice Gavai initially remarked humorously,
“Enjoy the custody. You will be a guest of your own officers. They will provide you special treatment.”
However, the court eventually stayed the contempt proceedings before the High Court.
BACKGROUND
The incident in question, which occurred on October 3, 2022, during a garba event in Kheda, involved police officers flogging individuals accused of disrupting the event. The victims, filed a contempt petition against 13 police personnel, alleging flogging and illegal detention, invoking the Supreme Court’s DK Basu v. State of West Bengal guidelines on custodial torture and seeking compensation for rights violations.
Following a magistrate’s inquiry report, the Gujarat High Court initiated contempt proceedings against the four police officials, leading to their conviction on October 19, 2023. The High Court’s division bench of Justices AS Supehia and Gita Gopi criticized the act of public flogging as ‘inhumane’ and ‘against humanity,’ sentencing the officers to simple imprisonment and a fine. Justice Supehia also expressed regret over the necessity of sentencing police officers to imprisonment.
The case, continues to be a significant matter, highlighting issues of police conduct and the enforcement of legal guidelines against custodial torture in India.
CASE TITLE:
AV Parmar & Ors. v. State of Gujarat & Ors., Diary No. 1671 of 2024.
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