Gujarat High Court Frames Contempt Charges Against Five Policemen Accused Of Assaulting, Parading Man In Public In 2016

The Gujarat High Court has framed contempt of court charges against five policemen, accused of beating a man in custody and parading him in public in Rajkot in 2016.

"You see, he may be a hardened terrorist, but it does not give you the authority to act against the law," the division bench of Justices A S Supehia and M R Mengdey remarked, during the hearing on July 05.

The court said that B.T.Gohil, M. J. Dhandhal, Shri V.S. Lamba, Jayubha Parmar and Pradumansinh Zala by such acts have violated the law enunciated by the Supreme Court in Aarnesh Kumar and D. K. Basu judgments 

Given the seriousness of the allegations levelled by the complainant against the respondents, and in wake of the earlier orders passed by the Court, the bench was not in favour of closing the proceedings at this stage by accepting the apology.

“Thus, the apology, which is tendered by the concerned respondents, will be considered at the relevant stage, at an appropriate time, after framing of charges. For the time being, we have not expressed any opinion in this regard,” the court said.

According to the complainant, the officials subjected him to brutal beatings with sticks in June, 2016, at the Bhaktinagar Police Station in Rajkot. Subsequently, he was paraded and further beaten in full view of the public, the court was told. The complainant also alleged that Officer Dhandhal compelled him to consume liquor to justify his illegal detention under Gujarat Prohibition Act.

It has also been alleged that he was beaten again after being released on bail for a prohibition offense, paraded in public, and taken to Trishul Chowk, where he was subjected to further beatings by sticks while being held by Officer Parmar and another police official.

Senior Advocate IH Syed, representing the petitioner, cited Section 12 of the Contempt of Courts Act, 1971, stating that unconditional apologies can be accepted after charges are framed and during the imposition of punishment. He further argued that considering the gravity of the offense and the respondents' blatant disregard for the rule of law, the acceptance of apologies should be considered at the appropriate stage after the framing of charges.

The matter has been scheduled for the next hearing on July 14, providing the respondents with an opportunity to refute the charges.

Furthermore, the court directed the State Government not to take any action against the respondent police officials for the time being, considering that charges have been framed against them.

"It is further clarified that the issue of acceptance of the apology tendered by the respective respondents, is still kept open and as recorded in the order dated 30.06.2023, the same will be considered at the appropriate stage," it added.

Case Title: Ajay Raydhanbhai Kumbharwadiya (Boricha) vs. State Of Gujarat & 6 Other(S) (R/Misc. Civil Application No.1911 Of 2016)

Case Citation: 2023 Livelaw (Guj) 113

Appearance:

Mr I H Syed, Senior Advocate With Mr Jayprakash Umot With Mr Prithu Parimal With Mr Vishrut Bhandari For Applicant No1

Mr Mitesh Amin, Public Prosecutor With Ms Vrunda Shah, AGP For The Opponent(S) No. 1,7

Mr S I Nanavati, Senior Advocate With Mr Pratik Y Jasani(5325) For The Opponent(S) No. 2

Mr Dipen K Dave(3296) For The Opponent(S) No. 3

Mr Jal Unwala, Senior Advocate With Mr Jigar G Gadhavi(5613) For The Opponent(S) No. 4,5

Mr Pawan A Barot(6455) For The Opponent(S) No. 6

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