Kheda Flogging Of Muslim Men: Gujarat HC Frames Contempt Charges Against 4 Cops For Alleged Violation Of 'DK Basu Guidelines'

A bench of Justice AS Supehia and Justice M. R. Mengdey has granted the erring officials time to file an affidavit in their own defence and posted the matter for hearing on October 11.

Importantly, when the Counsel for one of the erring policemen, who was seen sitting near the crowd in a video of the incident, contended that he was merely sitting and thus, there was no reason to charge him for Contempt of Court, the Court remarked that the said cop did not make an effort to stop the flogging, and thus, it can be said that he had actively participated in the flogging act.

It may be noted that the order of framing contempt charges was passed by the bench after perusing a report of the CJM Court in Nadiad filed in August 2023 identifying 4 of the 14 policemen accused in the incident including a Local Crime Branch Inspector (AV. Parmar), Sub-Inspector (D.B. Kumavat), Head Constable (Kanaksingh Laxman Singh) and a Constable (Raju Rameshbhai Dabhi).

Earlier, in July this year, the HC had directed the CJM concerned to analyze the pen drives and other electronic evidence including videos relating to the incident. The direction was made in a plea moved by 5 members of an affected family seeking contempt action against accused Police officers.

A group of young men were reportedly brought near a pole, where they were subjected to physical abuse.

The Police action was allegedly in the aftermath of the communal clash in Undhela village situated in Matar Taluka of Kheda district. It is alleged that some intruders pelted stones at the crowd during Navratri celebrations. At least 40 persons were arrested in the incident.

In a previous hearing, the High Court had asked the state government as to whether any law permitted that ‘an accused can be tied up to a pole and beaten up in full public view?’

In January this year, the Gujarat Government submitted before the High Court that it had found 5 policemen, including a police inspector, prima facie guilty in connection with the case of flogging.