Yr after Kheda flogging, HC orders 14-day jail term for 4 policemen

A YEAR after the public flogging of Muslim men who had been detained for allegedly attacking a garb a even ti nu nd he la village of Khedadistrict, adivisionbenchof the gujarat high court thursday sentenced four of the accused police personnel to 14 days in jail andafineof Rs2,000each.

The bench, however, stayed the sentence for 90 days — as provided under the contempt of Courtsact— tograntthemtime to appeal the verdict.

Calling the public flogging “inhumane” and an “act against humanity ”, the bench of justices Assupehia and git ago pie lucidated the physical and emotional damage that acts of torture or humiliation can cause. It also noted that those arrested have a right to life with dignity.

The bench held the four police men—AV Par mar, DB Kumavat, Lax mans inhka na ks inh Dabhi and Rajubhai Dabhi — guilty of contempt of court for violating the guidelines laid out in the D KB asu judgment on the conduct of police men while taking custody of an accused.

It said custodians of law and order “should not become depredators of civil liberties, for their duty is to protect and not to abdicate” and that an accused person’s “dignity cannot be allowed to be comatose” while in police custody.

It quoted mother teresa who had said, “Human rights are not a privilege conferred by the government, they are every human being’s entitlement by virtue of humanity. The right of life does not depend and must not be contingent on the pleasure of anyoneelse, notevenaparentor a sovereign.”

The bench said the accused policemen “defiled the human

● rights and dignity of the complainants as if they were conferred with the privilege to do so”.

Accordingtothepolicecomplaint, aroundmidnightoctober 3, 2022, a mob of 150-200 people allegedly attacked a garba eventatundhelavillagebypelting stones in a Swaminarayan temple and “hurting religious sentiments”. Seven persons, including a policeman, were injuredintheincident. Videossurfaced on social media of the police publicly flogging several ofthedetainedmenthenextday at the village square, holding them against an electric pole.

Five victims of the police action moved a contempt petition before the Gujarat High Court, submittingthatthefloggingwas inviolationofguidelinesthatpolice are required to follow while making arrests and detentions.

Jahirmiya Malek (62), Maksudabanu Malek (45), Sahadmiya Malek (23), Sakilmiya Malek (24) and Shahidraja Malek (25) accused the police personnel of not only flogging them and detaining them illegally but also violating guidelines enshrined in the Supremecourtjudgmentof DK Basu versus the State of West Bengal. The victims also sought to be compensated for infringement of their rights.

Jahirmiya, who is also the prime accused in the police FIR ontheoctober3,2022incident, said the High Court verdict was “satisfying”. “The entire communityinthevillagefeelsvindicated... I had been humiliated in public and there was no way I wasgoingtoacceptthecompromiseoffer. Eventhoughitisonly a 14-day simple imprisonment, it is symbolic and holds much value as it sends a message that should deter policemen from takinglawintotheirownhands, Jahirmiyatoldtheindianexpress.

Senioradvocateihsyed, representing the petitioners, called theverdict“unprecedented” for the State of Gujarat.