Navratri Communal Clash: Kheda SP Defends Public Flogging; Says Accused Created Atmosphere Of Terror, Lawful Action Taken To Prevent Riots

Two separate affidavits filed by Police Inspector of Local Crime Branch and Kheda Sub-Inspector said the police have not exceeded their powers or breached DK Basu guidelines issued by the Supreme Court. The police personnel acted in discharge of their duty to control the law and oder situation and prevent communal riots in the area, they said.

"More or less every year when the Hindu festivals like Navratri are celebrated, some altercations happen between the two communities (Hindu and Muslim) residing in the said village...around 30 persons were detained for verification and preliminary enquiry...8 persons were found to be involved...such measures/ action as alleged seem to have been taken without in any manner violating any law," respondent authorities have said.

It was alleged that some intruders pelted stones at the crowd during Navratri celebration. One accused was allegedly involved in spitting on a Police officer. The police is said to have beat them up in full public view.

The division bench of Justices NV Anjaria and Niral R. had in January this year initiated contempt proceedings against concerned police personnel for violating DK Basu guidelines, following a petition moved by 5 members of a Muslim family, claiming to be the victims. Gujarat government had found 5 policemen, including a police inspector, prima facie guilty in the case.

The affidavits state that even if the allegations against them are assumed to be correct, the measures were resorted to control law and order situation and to prevent any kind of communal riots or communal unrest among the residents of said village. The alleged actions were not resorted to for the purpose of extracting any kind of information or to get any confession or admission from the petitioners, it added.

It is further submitted that several respondents-policemen were not present at the place of alleged incident and therefore they have no role to play.

The police claims that one of the petitioners who is a senior citizen has not disclosed that he is an opposition leader and was one of the prime accused in the “Godhra Kand” case.

In the another affidavit it was stated that the contempt petition is not maintainable as the petitioners have involved themselves into disturbing social fabric of a village by creating the rift between two communities and by assaulting people residing in the village.

It was further submitted that the police 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 police.

The deponents also submitted that the Supreme Court has observed that the guidelines issued in D.K. Basu case will remain in force till appropriate legislature has made the provisions in this regard. It was submitted that the Parliament has amended CrPC by which sections 41A, 41B, 41C, 41D, 20A, 54A, 55A and 60A have been inserted and therefore guidelines in DK Basu case would not be applicable.

It was further submitted that the Human Rights Act, 1993 which was amended by the parliament in 2006, conferred power on National Human Rights Commission to take appropriate steps for violation of human rights by the public servants. Therefore, the guidelines in D.K. Basu case would not be applicable in the present case.

Hence, the police in its affidavit submitted that the contempt proceedings against them should be dropped on the basis of above mentioned grounds.

Case Title: Jahirmiya Rehamumiya Malek v. State of Gujarat

Click Here to Read/Download Affidavit