Kheda flogging incident: SC pulls up Gujarat police for publicly flogging 5 men in 2022, extends stay on contempt order

The Supreme Court on Tuesday extended the stay on the contempt of court proceedings against the four Gujarat police officials who were sentenced to 14 days of imprisonment by the Gujarat High Court in October last year for committing contempt of court for violating the apex court's guidelines about detaining and interrogating suspects.

The apex court admitted the statutory appeal by the Gujarat police officers: inspector AV Parmar, sub-inspector DB Kumavat, head constable LK Dabhi, and constable Rajubhai Dabhi against the October 19, 2023 order of the Gujarat High Court.

"It is a statutory appeal. It has to be admitted," the bench noted during the hearing.

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The bench of Justices BR Gavai and Sandeep Mehta, however, slammed the Gujarat police officials in question for their conduct.

"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," Justice Mehta said.

"(Do) you have an authority under law to tie people to a pole and beat them? Go and enjoy the custody," Justice Gavai added.

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Senior advocate Siddharth Dave, appearing for the officials in question, 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.

"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?" Dave added.

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Justice Gavai said ignorance of the 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 the 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 IH Syed, appearing for the complainant, said it was pending.

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"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.

Justice Gavai said since it is an appeal, the court will have to hear the matter.

Dave persisted with his prayer for stay and said even the high court had stayed the operation of its order by three months.

Justice Gavai agreed to his request and ordered a stay on the sentence.

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Five Muslims were allegedly beaten up with batons by the accused policemen, who tied them to a pole. The five were among the 13 people picked up for their alleged involvement in throwing stones at a garba event in Undhela village of Kheda district during the Navratri festival in October 2022. Some villagers and police personnel were reportedly injured.

Later, the five accused, including the main complainant Jahirmiya Malek, had approached the high court claiming police officials committed contempt of court by flouting the Supreme Court's guidelines. A total of 13 policemen were named as accused in the case initially. However, the CJM's report specified the role of only four of them after an inquiry.