New Delhi: While staying ‘contempt of court’ proceedings against four policemen who were convicted for publicly flogging Muslim men in Gujarat, the Supreme Court delivered a strong criticism of their actions, questioning how they thought they had the authority under the law to do this.The incident occurred on October 3, 2022, after a garba event at Undhela village in Gujarat’s Kheda district, which men allegedly disrupted. Police officers rounded up over 40 men – all Muslims – and tied five of them to poles in the village square and flogged them in front of a cheering crowd. The four policemen were A.V. Parmar, D.B. Kumavat, Laxmansinh Kanaksinh Dabhi, and Rajubhai Dabhi. Video clips of the flogging had gone viral.When the issue reached court, it framed charges against the errant police officers for contempt of court for violating the Supreme Court guidelines in the D.K. Basu vs the State of West Bengal case. The case laid down the rules for the police’s conduct during arrests and detentions.The Gujarat high court sentenced four cops to 14 days of imprisonment last year but agreed to stay its execution for three months to allow them to challenge its verdict.On January 23, LiveLaw reported, a bench of Justices B.R. Gavai and Sandeep Mehta admitted the statutory appeal preferred by the police officers.However, it came down heavily on the police officers. Justice Mehta, according to LiveLaw said, “What kind of atrocities, and then you expect this court to…Tying the people to poles, beating them in public view.”To Senior Advocate Siddharth Dave’s defence of his clients, the cops, with the claim that they were already facing criminal prosecution, departmental proceedings, as well as an inquiry by the National Human Rights Commission and the necessity for a contempt charge, Justice Gavai asked, “So you have an authority under law? To tie people to poles and beat them?”.Justice Mehta asked, “And take videos?”To Dave’s claim that this was not wilful disobedience, Justice Gavai asked, “So, ignorance of law is a [valid defence]? It’s the duty of every police officer to know what is the law laid down in DK Basu. As students of law, we have been hearing about DK Basu…”LiveLaw‘s report also had an interesting comment delivered by Justice Gavai in the initial stages of the hearing. “Enjoy the custody. You will be a guest of your own officers. They will provide you special treatment,” the judge said to the policemen, after eventually staying the sentence.
