Flogged suspects in public to control law & order efficiently: Gujarat cops tell HC

Over a dozen policemen facing contempt of court proceedings for reportedly flogging a group of Muslim men under custody in front of cheering villagers and filming the act in October last year have denied the allegations and said that even if the allegations "tilted to be correct and true," they were doing it to control law and order situation in an "efficient and effective manner".

A police inquiry has found that six of the policemen “prima facie involved in the incident of physical abuse".

"Respondents have acted within the scope and ambit of their powers and there has not been any act committed by them which is beyond the powers conferred on the respondents. It is submitted that the acts of the respondents are the act in discharge of their duties and these acts were not done with any criminal intent," the policemen have stated in an affidavit filed in Gujarat High Court.

The affidavit was filed in response to a petition moved by five police flogging victims including a woman. They have filed a contempt petition in high court for violating Supreme Court judgement in in D K Basu vs State of Bengal, where certain guidelines were laid while dealing with arrest and preventing custodial torture. The policemen have contended that the contempt petition is not maintainable.

"Unless a court of competent jurisdiction holds that while effecting the arrest of while detaining the petitioners, I have violated the directions contained in the form of guidelines of the Supreme Court of India, contempt proceedings against the respondents is not maintainable... the application for contempt is not maintainable which is based on newspaper reports and some video clippings. I submit that newspaper reports and video clips are not admissible evidence."

In the affidavit the policemen have blamed the Muslim men for "disturbing the social fabric of a village by creating the rift between two communities and by assaulting people residing in a village". It claimed that "the petitioners themselves had created an atmosphere of fear and terror amongst law-abiding residents of the village".

On October 3, several video clips surfaced showing flogging of persons who were arrested in a rioting case by policemen in full public view. The videos showed the villagers cheering for the policemen as they beat up the men one by one while their hands tied to electric poles.

The incident occurred in Undhela village, Matar taluka of Kheda district in central Gujarat, a day after local policemen arrested dozens of persons from the Muslim community, following a case of rioting during Navratri garba festivity in the village. Incidents of stone pelting and riots were reported at the garba dance event organised at the temple, close to a mosque.

Dozens of suspects including the five petitioners were picked up by the police from different places the same night and next morning they were brought to the village in a police vehicle.

In the affidavit, the policemen have claimed that some of the suspects were "abusing and spitting on them."

Kheda district Superintendent of Police Rajesh Gadhiya has also filed an affidavit stating that a preliminary report has found six of these policemen "prima facie involved in the incident of physical abuse." The six policemen have been identified as police inspector A V Parmar and constables Mahesh Vashram, Kanaksinh Lakshmansinh, Arjunsinh Fatehsinh, Rajendrakumar Rameshbhai and Vishnubhai Harjibhai, all posted with Local Crime Branch, Kheda.

Gadhiya has mentioned that a departmental action and disciplinary proceedings have been initiated against the erring officers. However, veracity of the video clips are yet to be ascertained as the department is still waiting for a forensic report.

Quoting an interim report, the affidavit states, "responsible police officers, when the accused persons started misbehaving, instead of physically abusing the accused with lathi, the officers were required to control the accused persons using other means and to shift the accused to other safe place. However, the officers have beaten the accused in public and have not maintained discipline and restraint as a police officer. Further, necessary procedure is not followed which the police officers were required to undertake."

In their defence, the police men have stated in the affidavit that the petitioners, the accused in the rioting case, have criminal history. Hetal Rabari, police sub-inspector with Mater police station, who is also a party in the litigation, has stated in her affidavit that petitioner no. 1, Jahirmiyan Malek, "is a senior citizen aged about 62 years but has surreptitiously not mentioned that he is an opposition leader and there are serious cases of rioting against him and he is also was one of the prime accused of the "Godhra Kand" case."

She has further stated, "The applicants have incorrectly submitted before this court that respondent no. 2 to 14 were mercilessly beating the petitioner 1 (Jahirmiyan Malek) despite he being a senior citizen. Further, during the course of investigation it was found that the petitioner no. 1 is the main conspirator as per his mobile conversation".