Gujarat: HC notice to 32 policemen for public flogging of Muslim men in Junagadh

In the Junagadh public flogging of several Muslim men last month, the Gujarat High Court Monday issued notices to 32 policemen, ordering them to file their affidavits in response to a petition alleging custodial torture and pressurizing a lawyer by allegedly detaining his son-in-law to withdraw complaint of custodial violence, among other charges.

The division bench of justice A S Supehia and justice M R Mengdey issued notices returnable by two weeks. The issuance of notices came on a contempt petition filed by two of the victims of alleged police atrocities who have levelled serious allegations against the policemen of not only torture but also detaining a known lawyer's son-in-law, who represents some of the victims, in order to pressurize him withdraw complaint of torture.

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The petition has been filed by Jakir Makwana and Sajid Kalamudin Ansari, both residents of Junagadh and co-accused in the June 16 violence. They have claimed to be victims of "custodial violence, torture, brutality and severe beatings by police personnel and officers of Junagadh in different groups at a different point of time and otherwise between the night of 16/06/2023 to 21/06/2023."

The two petitioners are among dozens of men arrested on June 16 after a major clash between Muslim community and police erupted over the issue of demolition of Hazrat Gebanshah Pir Dargah at Majevadi in Junagadh town.

The police had detained over 170 men including many minors. Some of them were flogged in public on charges of being part of the mob which was involved in stone pelting in which several policemen including a Deputy Superintendent of Police was injured. A bystander was reported to have been killed due to the stone pelting. They, including the two petitioners, were booked for murder, attempted murder, rioting among other charges.

The reason behind the clash was said to be issuance of a notice dated June 14 by the civic body asking for showing documents related to the ownership of the dargah, which have been in existence for many decades. According to petitioners, the Muslim community was angry over the notice since many of the religious sites in the city were demolished in similar fashion in the past few months.

Appearing for the petitioners, advocate Anand Yagnik told the bench a group of policemen went to the Junagadh central Prison and pressurized the petitioners and others, who are behind bars since their arrest after June 14 violence, to take back complaints of custodial torture they filed before a local judicial magisterial first class (JMFC) court.

Yagnik also told the court that son-in-law of Junagadh lawyer Shabbir Sheikh, who is representing six victims of alleged police torture, was reportedly detained by local police in order to pressurize him for withdrawal of the case. Similarly, Yagnik, said in the court that four minors, who have also also filed complaint before the JMFC court of torture, were allegedly pressurized to withdraw their complaints. He said that the minors, staying at a remand home in Rajkot, sent an email to the JMFC court for withdrawal of the case. In both the cases, the local court has refused to drop the case as it happened in court's absence.

The petition has been filed under contempt rules for violating guidelines laid down by the Supreme Court in the cases of Aarnesh Kumar and D.K.Basu. These guidelines deal with how police should treat a person in police custody.