Junagadh Flogging Of Muslim Men: Gujarat High Court Issues Notice To Over 30 Policemen In Contempt Plea

The plea, filed by one Jakir Yusufbhai Makwana and Sajid Kalamudin Ansari, alleges that the Junagadh police officials not only subjected them and other alleged rioters involved in the Jungadh Mob Violence to custodial violence and public flogging, and thereby violated the Guidelines issued by the Supreme Court in the case of DK Basu case.

 Six accused and four minors have already complained of custodial torture against these police officers and personnel. 

The plea further submits that the police officials also detained the son-in-law of a lawyer, who represents some of the victims and pressurised him to withdraw the complaint of torture. 

It may be noted that violence broke out in Junagadh following the issuance of demolition notices by the local civic body to certain Islamic religious places because they were encroaching on public roads.

It is the case of the Applicants that they had gathered there to save the said Dargah from its demolition, and the Respondents, at around 7:00 to 7:30 PM, reprimanded the people who were gathered there and asked them to face the consequences.

Thereafter, the plea alleges that a violent conflict had taken place between the Muslim Community and the police, and there was a lathi charge done by the police to disperse the crowd of about 400 to 500 people

Thereafter, an FIR was registered on June 17, 2023 against the present Applicants and other persons and it was alleged in the FIR that they were pelting stones on the Police.

Before the bench of Justice AS Supehia and Justice MR Mengdey, the counsel for the Applicants, Anand Yagnik alleged that Applicant No.1 along with 5 other accused made an application before the learned Judicial Magistrate First Class, Junagadh about the custodial violence on June 21.

He further submitted that four juveniles were also assaulted in the police custody, however, four juveniles, thereafter, sent an e-mail to learned JMFC, Junagadh for withdrawal of their complaint made against the Police for their custodial violence.

It was further submitted that the major accused persons were made to sign on a printed form including Applicant No. 1 for withdrawal of their complaint in the Junagadh Central Jail in the presence of the Jailor.

Lastly, Advocate Yagnik also placed reliance on photographs as well as on media reports about the custodial violence and illegal assault by the Respondent Police personnel.

Against the backdrop of these submissions, the Court issued notice to the Respondents making it returnable on 7th August 2023 directing them to file their Affidavits-in-Reply dealing with the contentions raised in the present Contempt Application