New Delhi, Jan 23: The Supreme Court on Tuesday admonished the Gujarat Police over its officials publicly flogging five people belonging to the Muslim community at a village in Kheda district in 2022, asking angrily from where did they draw the authority to tie people to poles and beat them up.
A bench of Justices BR Gavai and Sandeep Mehta was hearing an appeal by four police personnel– inspector A V Parmar, sub-inspector D B Kumavat, head constable K L Dabhi and constable R R Dabhi– against the October 19, 2023 order of the Gujarat High Court by which they were sentenced to 14-day simple imprisonment for committing contempt of court for violating the apex court’s guidelines about detaining and interrogating suspects. “(Do) you have an authority under law to tie people to a pole and beat them? Go and enjoy the custody,” a furious Justice Gavai said during the hearing.
Severely reprimanding the officials, Justice Mehta said, “What kind of atrocities are these? Tying the people to a pole, beating them in public view and taking videos. Then you want this court to intervene.” Senior advocate Siddharth Dave, appearing for the officials, said they were already facing criminal prosecution, departmental proceedings and an inquiry by the National Human Rights Commission (NHRC).
“The question here is the high court’s jurisdiction to proceed against them in contempt proceedings,” Dave said, adding no offence of wilful disobedience was made out against them in terms of the apex court’s 1996 verdict in the DK Basu case where it had issued guidelines for making arrest, and detention and interrogation of suspects.
He submitted the question right now was not about the culpability of these officials but the contempt jurisdiction of the high court.
“Was there any wilful disobedience of this court’s verdict? This is the question for which the answer has to be found. Were the policemen aware of the verdict?” he said.
Justice Gavai shot back, saying ignorance of law is not a valid defence. “Every police officer ought to know what is the law laid down in DK Basu. As students of law, we have been hearing and reading about the DK Basu verdict,” Justice Gavai said.
Dave, however, asserted the accused policemen cannot be prosecuted for the offence under contempt jurisdiction of the high court. Justice Gavai then wanted to know about the status of a private complaint lodged against the accused policemen. Senior advocate I H Syed, appearing for the complainant, said it was pending. (PTI)
“Contempt charges were independent and irrespective of departmental proceedings and criminal prosecution. They are simply saying it’s not wilful disobedience. Beyond that, they have no case,” Syed said. (PTI)
