The Gujarat High Court.
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Exactly a year after a group of policemen publicly flogged several Muslim men in Kheda district in central Gujarat following a case of rioting, the Gujarat High Court Wednesday framed charges against four of the policemen for contempt of court for violating Supreme Court guidelines aimed at preventing custodial torture.
The division bench of Justices A S Supehia and Justice M R Mengdey framed charges against policemen A V Parmar, D B Kumavat, Kanaksinh Laxmansinh and Raju Ramesh Dabhi. The order stated that they actively "participated and have carried out the act of flogging the applicants in public by tying them to a pole" on October 4 last year at Undhela village, Matar taluka of Kheda district.
The incident had occurred a day after local policemen arrested dozens of persons from the Muslim community following a case of rioting during the Navratri garba festivity in the village. It was alleged that the garba dance, which traditionally used to be held in the village was organized at a temple adjacent to a mosque, which was said to have triggered stone pelting and riots.
The police arrested several people from the Muslim community and on October 4, six of them were brought back to the scene of rioting in the afternoon. They were tied to a pole and were flogged by the policemen in full public view.
Six of the victims of the alleged torture approached the high court by filing a contempt petition for violating the Supreme Court judgement in DK Basu vs State of Bengal. The apex court has observed certain guidelines for making arrest and subsequent treatment under custody. These guidelines are in addition to the constitutional and statutory safeguards.
The accused policemen had filed affidavits claiming that their actions were meant to control the law and order situation in an "efficient and effective manner". A police inquiry found six of the policemen were "prima facie involved in the incident of physical abuse." During the hearing, the division bench had ordered a magisterial court in Kheda to investigate the incident. The lower court found four cops involved in the flogging. Originally, the victims had named 14 policemen.
The High Court will hear the matter on October 11.