Gujarat High Court Convicts and Sentences Four Policemen for Public Flogging of Muslim Youths
The Gujarat High Court has delivered a landmark verdict by convicting and sentencing four policemen who were involved in the public flogging of a group of Muslim youths in the Kheda district. The court found that the policemen had committed contempt of court by violating the Supreme Court’s DK Basu case Guidelines. The victims had refused to accept monetary compensation, which further aggravated the offense.
The incident gained widespread attention after a video of the public flogging went viral. Subsequently, an inquiry identified four out of the 14 accused policemen, and contempt charges were framed against them. This case is significant as it highlights the blatant disregard for the guidelines laid down by the Supreme Court in the DK Basu case of 1996, which outlines the proper procedures to be followed by the police when arresting or detaining individuals.
Mujahid Nafees of the Minority Coordination Committee expressed cautious optimism about the verdict. While he acknowledged that the punishment given to the convicted policemen fell short compared to the severity of the crime, it nonetheless shed some light in these trying times. Mr. Nafees also mentioned that even the home minister of Gujarat had issued a statement in support of the accused policemen, further emphasizing the importance of this judgment.
He went on to express hope that this verdict would be influential in the pending three cases before the High Court. The Minority Coordination Committee had previously sent a legal notice to the Gujarat DGP regarding this matter. The victims sought relief under the contempt of court guidelines mentioned in the DK Basu case. With this recent verdict, they can be hopeful of justice being served in those pending cases as well.
A bench comprising of Justices AS Supehia and Gita Gopi sentenced Inspector AV Parmar, sub-inspector DB Kumavat, constable Rajubhai Rameshbhai Dabhi, and head constable Kanaksinh Laxmansinh to a simple imprisonment of fourteen days. In addition, the High Court imposed a fine of Rs 2,000 on each of the convicted policemen. If they fail to pay the amount, they will be subjected to an additional three days of imprisonment. However, the court has stayed the order for three months to allow the policemen to file an appeal.
The incident leading to these convictions involved a group of Muslim men alleged to have thrown stones at a garba site near a mosque in Undhela village, Kheda, in October 2022. The convicted policemen then subjected Jahirmiya Malek, Maksudabanu Malek, Sahadmiya Malek, Sakilmiya Malek, and Shahidraja Malek to public humiliation, tying them to a pole and beating them with a stick.
The family members of the victims approached the Gujarat High Court, seeking contempt of court action against the policemen for their violation of the Supreme Court guidelines. In January this year, the state government confirmed the guilt of the five policemen responsible for the flogging.
The accused policemen’s defense counsel, Senior Advocate Prakash Jani, informed the bench that his clients had met the victims and their advocate, who refused to accept any monetary compensation for the heinous act committed against them.
The Gujarat High Court’s verdict holds significant implications as it establishes the legal consequences for law enforcement officers who act in violation of constitutional rights and Supreme Court guidelines. This case stands as a reminder that justice will prevail even in the face of adversity and provides hope for future cases that await justice in the courts.
