Flogging of Muslim Men: Gujarat High Court says not inclined to consider allegation of disrupting Garba in contempt case against Police

In the case concerning flogging of Muslim men, the Gujarat High Court on Monday said that it is prima facie, not inclined to consider the "peripheral" aspects relating to disruption of Garba while hearing the contempt of court matter against policemen [Jahirmiya Malek vs State of Gujarat]..A division bench of Justices NV Anjaria and Niral R Mehta said the aspects such as the Muslim men allegedly conspiring to disrupt the Garba event etc. would not appeal to them as they are only concerned with 'contempt proceedings' against the police officers who flogged the men in full public view by tying them to a pole. ."Let us be very clear. We are hearing contempt of court proceedings. So these peripheral issues are prima facie not going to appeal to us," Justice Anjaria remarked. .This observation was made in response to submissions by the State through Public Prosecutor (PP) Mitesh Amin, who highlighted that the petitioners had conspired to disrupt the Garba event at a village in Kheda, Gujarat. "There are voice recordings of phone calls wherein the petitioners could be heard planning how to disrupt the Garba event. In that incident, several people there received injuries including Policemen," PP Amin submitted..Responding to Justice Anjaria, Amin further told the Court"But these peripheral issues need to be considered at some point as it is related to the beating incident. One of the petitioners here has publicly spat on the policemen. How can one spit on a officer maintaining law and order? So all these issues need to be taken into account while this court examines the issue of merciless beating and also whether there is a wilful disobedience or not."To this, Justice Anjaria replied,"Every beating is merciless, Mr counsel."The Court proceeded to direct the State to file an affidavit detailing the stage of investigation in the case. "At least by this, the State can speak on the veracity of the allegations in this petition and can take a stand whether there is any contempt or not," Justice Anjaria said. .During the hearing, Amin informed the Court that five policemen out of sixteen have been chargesheeted on the orders of the Inspector General of Police. "Departmental proceedings were conducted against these five policemen and on, prima facie material, they are chargesheeted. The penalty, likely to be imposed on them, subject to proving of the allegations, would range from suspension, stopping of increments to even dismissal from service," Amin submitted. The bench recorded these submissions and adjourned the matter for further hearing till February 21. .Last year, the public flogging of five Muslim men after they allegedly hurled stones at a crowd during a Navratri event in Undhela village, was recorded by other policemen clothed in civil dress and uploaded on social media. .The petitioner before the Gujarat High Court was among those who were beaten up by the police and has sought contempt of court proceedings against the errant cops. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.