Supreme Court Criticizes Gujarat Police for Public Flogging of Muslims in Kheda District

The Supreme Court criticizes Gujarat Police for public flogging, and issues contempt verdict against four officials involved in the 2022 incident in Kheda district. The court questions the officers' authority and emphasizes adherence to guidelines, leading to a stay on their 14-day imprisonment.

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In a scathing reprimand, the Supreme Court lambasted Gujarat Police for the public flogging of Muslims in the Kheda district. The incident, which occurred in 2022, prompted Justices BR Gavai and Sandeep Mehta to question the police officials' authority in tying individuals to poles and administering beatings. The bench, during an appeal by four police personnel, expressed displeasure over their violation of the apex court's guidelines on detaining and interrogating suspects.

During the hearing, Justice Gavai furiously questioned the officials, "Do you have the authority under the law to tie people to a pole and beat them? Go and enjoy the custody." Justice Mehta condemned the actions, referring to the incident as "atrocities" and questioned the need for the court's intervention when such acts were committed. The officials, including inspector AV Parmar and sub-inspector DB Kumavat, faced a 14-day simple imprisonment for contempt of court, as per the Gujarat High Court's October 19, 2023 order.

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Senior advocate Siddharth Dave, representing the officials, argued their ongoing criminal prosecution and an inquiry by the National Human Rights Commission. He emphasized the high court's jurisdiction in contempt proceedings, citing the DK Basu case guidelines on arrests and interrogations. Justice Gavai dismissed the defense, asserting that ignorance of the law is not a valid excuse for the police officers.

The court delved into the contempt jurisdiction issue, with Dave arguing against the prosecution under contempt jurisdiction. Meanwhile, senior advocate I H Syed, representing the complainant, highlighted the independence of contempt charges from departmental and criminal proceedings.

In a final rebuke, Justice Gavai sarcastically advised the officials to "Go and enjoy the custody, you will be a guest of your own officers." The court granted a stay on the 14-day imprisonment sentence, allowing the officials to appeal the judgment. The high court had earlier found them guilty of contempt for violating Supreme Court guidelines in the DK Basu case, following an inquiry into the viral videos of the incident.