3-6 stick blows on buttocks not custodial torture: Gujarat cops in Muslims' flogging case

Gujarat policemen, who are facing contempt of court for publicly flogging a group of Muslim men, have said that "giving three-six stick blows on buttocks wouldn't constitute custodial torture" and can't be compared with "torture in police lock up."

The statement is part of affidavits filed by four policemen facing charges of contempt of court for violating Supreme Court's guidelines which prohibit custodial torture. 

One of the four policemen, A V Parmar, currently posted as inspector, cyber cell, Kheda district, has stated in his affidavit, "It is submitted that giving three to six stick blows on buttock of applicants, though not proper acceptable, it wouldn't constitute custodial torture as to punish the respondent no-2 (Parmar) for contempt of court."

The affidavits says, "According to the information of the respondents (four policemen), the petitioners had no serious medical injuries and doctors have not found any serious medical injuries against any of the petitioners except some bruises."

"It is submitted that in view of the aforesaid, the present case may not be compared with custodial torture in the police lock up," the affidavit says further.

Parmar's statement comes after a magisterial court's inquiry found four of policemen involved in the flogging. The victims had named 14 policemen but the court's inquiry found only four involved including Parmar. The inquiry confirmed that Parmar was giving stick blows on the buttocks of three of the petitioners, while Kumavat was sitting in the chair. Kanaksinh was holding a white pipe and pushing the petitioners while Raju was spotted holding hands of the petitioners to the pole. 

The inquiry was based on direction from high court. As a matter of fact, the accused policemen's lawyers had argued that in absence of any judicial review of the evidence, they can't be held responsible. As a result, the lower court was asked to inquire into evidence presented in form of video clips of the flogging which had gone viral.

The incident occurred on October 4, a day after rioting broke out in Undhela village, Matar taluka of Kheda district during Navratri festivity. Police rounded up dozens of men and women from Muslim community on charges of rioting. The policemen brought some of them to the crime spot in police vehicles, tied them to electric poles and were beaten up in front of cheering villagers.

Some of the suspects including Jahirmiya Malek, Maksudabanu Malek, Sahadmiya Malek, Sakilmiya Malek and Shahidaraja Malek filed a contempt of court petition in high court for torture in police custody saying that Supreme Court guidelines for making arrest and treating them in custody were "grossly violated". Another criminal case has been filed against the policemen in the local court.

Last week, based on the magisterial court's findings, the high court framed charges against four accused policemen including Parmar, D B Kumavat, Kanaksinh Laxmansinh and Raju Ramesh Dabhi. The court will hear the matter on Wednesday. Tendering "unconditional apologies", the policemen have "assured" the high court they would "continue to hold the majesty of the Supreme Court, this court and other courts of law of the country and wouldn't commit any act willfully and deliberately to lower down the esteem of the Supreme Court, this court and other courts of law of the country."

Defending their actions, the policemen have said they were only discharging their duties and they did it for "controlling law and order."

"...even if the allegations mentioned in the petition are tilted to be correct and true, even then, the same were resorted to only with a view to deal with petitioners in an efficient and effective manner and to control the law and order situation and further to prevent any kind of communal riots or any kind of communal turmoil or communal unrest amongst the residents of the said village and only with a view to see that the situation at the relevant point of time remained under control," the affidavit reads.