‘Under what authority...?': SC slams public flogging of Muslim men by Gujarat cops

The bench asked the counsel representing the accused, 'So you have authority under law? To tie people to polls and beat them?...and take videos?'

New Delhi: The Supreme Court on Tuesday castigated Gujarat police officers for publicly flogging Muslim men by tying them to a pole but stayed the contempt proceedings against them.

The accused had been sentenced to 14 days of imprisonment by the Gujarat High Court in October last year.

While agreeing to examine the case, a bench of Justices B R Gavai asked them, "What kind of atrocities, and then you expect this court to... Tying the people to polls, beating them in public view."

Appearing for the police officers, senior advocate Siddharth Dave submitted that his clients were already facing criminal prosecution, departmental proceedings, as well as an inquiry by the National Human Rights Commission.

He questioned the high court's jurisdiction initiate proceedings against them in a contempt case, by claiming that a 'wilful disobedience' of the court's order in the D K Basu case could not be made out.

The bench asked Dave, “So you have authority under law? To tie people to polls and beat them?...and take videos?"

The counsel contended that the question was not about culpability of the accused, but the jurisdiction of the high court.

"So, is ignorance of law a valid defence?" the bench asked the counsel.

The counsel also asked the high court's findings that the Muslim men were kept in illegal detention for over 24 hours.

He said that this finding is subject to a trial and under contempt jurisdiction, they cannot be prosecuted for an offence.

After hearing submissions, the bench agreed to examine the appeal.

The counsel sought an extension of the high court's order, which had issued a stay on its own order in the contempt case.

The bench said, "Enjoy the custody. You will be a guest of your own officers. They will provide you special treatment."

However, upon the counsel's pleadings, the court stayed the contempt proceedings before the high court.

The bench agreed to examine the appeal filed by police officers A V Parmar and three others, under Section 19 of the Contempt of Courts Act, 1971, against an October order of the Gujarat High Court. The high court agreed to stay its order’s execution for three months to allow the police officers to challenge its verdict.

The high court had charged them with contempt of court, after five of the Muslim men flogged in public view in Gujarat's Kheda moved the court alleging a violation of the D K Basu guidelines on custodial torture.