The Gujarat High Court has admitted a public interest litigation (PIL) seeking action against policemen allegedly involved in the public flogging of Muslim men in Junagadh town following a stone-pelting incident. The PIL, jointly filed by NGOs Lok Adhikar Sangh and Minority Coordination Committee, also alleged that the local police had ransacked their houses to take revenge, as some policemen were injured in the stone pelting. On the night of June 16, a clash erupted when a team of civic body officials served a demolition notice to a dargah in Junagadh town. According to the police, one person was killed in the stone pelting by members of the minority community, who were against the demolition.
The petition stated that eight to 10 persons belonging to the Muslim community were detained by Junagadh police, made to stand in front of ‘Geban Shah Masjid’, a dargah or shrine, in Majevadi Gate area, and were mercilessly flogged in public. According to the police and the FIR, these persons were part of the mob involved in stone pelting and injuring police, including a deputy superintendent of police, the petition said.
Public flogging is illegal and violates Article 14, 19, and 21 of the Constitution of India pertaining to the right to equality, freedom, life, and liberty, and it attracts contempt of court proceedings, the petitioners claimed. Through the PIL, the petitioners urged the High Court to direct the Gujarat government to take appropriate action, including registration of an FIR, against police personnel and officers involved in the flogging and custodial violence.
The plea also sought an inquiry into the incident by the principal district and sessions judge of Junagadh or any other senior judicial officer. As an alternative, the petitioners proposed that a team of IPS officers, not connected with Junagadh range or district, be constituted to inquire into the incident of public flogging and other incidents of custodial violence by the Junagadh police and ransacking and destruction of moveable properties of the accused.
It urged the high court to direct the government to pay exemplary compensation under the public law remedy to the victims of public flogging and other forms of custodial violence in Junagadh. After admitting the PIL, a division bench of Acting Chief Justice AJ Desai and Justice Biren Vaishnav asked the petitioners to provide a copy of the petition to the public prosecutor and kept further hearing on June 28.
