Kheda Public Flogging: Gujarat HC Issues Notice to 15 Police Personnel

Videos of the police officers in question publicly tying up and beating accused individuals had sparked uproar earlier this month, prompting a number of complaints, including the present petition.

New Delhi: The Gujarat high court on Thursday, October 20, issued notice to police personnel allegedly involved in the public flogging of Muslim men in the state’s Kheda district earlier this month in connection with a dispute regarding the location of a garba event during Navratri.

On October 3 in the Undhela village in Kheda district, a dispute broke out between the members of the local Hindu and Muslim communities as the latter objected to a garba event being held near a mosque. The argument led to a violent clash and seven people were reportedly injured.

A first information report (FIR) on the clash alleges that “around 150 people” from the Muslim group attacked the planned garba venue late at night by allegedly pelting stones, injuring some policemen. Thereafter, the police arrested 13 men in the case.

The next day, videos began making the rounds on social media showing police officers, later identified as being from the crime branch, tying the alleged attackers in the October 3 violence to a poll and beating them with sticks, in full public view and amid cheers from the onlooking crowd.

The videos sparked massive outrage online, prompting the police, on October 7, to order an inquiry into the incident and the officers involved. Inspector A.V. Parmar and sub-inspector D.B. Kumavat were identified from the clip.

Further, voluntary organisations, such as the Minority Coordination Committee (MCC) sent legal notices to government and police officials seeking legal action against the accused officers as well as those who recorded the video of the flogging. 

Also read: Minister Praises Gujarat Public Flogging But Where is the Rule of Law, Ask Legal Experts

The Trinamool Congress (TMC) even filed a complaint with the National Human Rights Commission (NHRC) in connection with the public flogging.

Following the incident, four individuals – Jahirmiya Malek (62), Maksudabanu Malek (45), Sahadmiya Malek (23), Sakilmiya Malek (24) and Shahidraja Malek (25) – filed a petition with the Gujarat high court against 15 police personnel – the inspector general (IG), the superintendent of police (SP), Kheda; 10 constables from the Matar police station; and three officers from the local crime branch (LCB), according to a report in the Indian Express.

The petitioners cited the Supreme Court’s directions in D.K. Basu versus the State of West Bengal wherein the top court laid down basic “requirements” for the police to follow during arrest and detention until legal provisions are made. Alleging that by flogging the accused, the officers violated these requirements, the petitioners sought for the police personnel to be tried for contempt of court and also sought for compensation to be paid to the accused.

The bench of Chief Justice Aravind Kumar and Justice A.J. Shastri thus issued notice to 15 police personnel, returnable by December 15. Apart from Parmar and Kumavat, the police personnel who have been issued notice are LCB; H.M. Rabari, Sub Inspector, Matar police station; Kanaksinh Laxmansinh Dabhi, Head Constable, LCB; Mahesh Rabari, Head Constable, LCB; Jayesh Rabari, Head Constable, LCB; Ruturajsinh Gopalsinh Parmar, Head Constable, LCB; Ashwin, Head Constable, LCB; Vanrajsinh Bhagubhai, Head Constable, LCB; Arjunsinh, Head Constable, LCB; Vishnu Harjibhai Rabari, Constable, Matar police station; Rajubhai Rameshbhai Dabhi, Constable, LCB; Mahipatsinh Bhagwatsinh Chauhan, Constable, Matar police station; and the offices of SP Kheda and the IG (Ahmedabad range) whose jurisdiction includes Kheda district, as detailed in the Express report.