Police flogging of Muslim men: Gujarat High Court issues notice to State in plea seeking contempt action against cops

The Gujarat High Court on Thursday issued notice to the State government in a petition seeking initiation of contempt of court proceedings against fourteen policemen for flogging five Muslim men over allegations that they attempted to disrupt a Garba event during the Navratri festival [Jahirmiya Rehamumiya Malek v. State of Gujarat]..A Division Bench of Chief Justice Aravind Kumar and Justice Ashutosh J Shastri stated in its order, "Issue notice to the respondents, returnable by November 12.".The Bench was hearing a plea filed by five members of the Malek family, who were beaten up by policemen from Matar Police Station in Kheda district for allegedly hurling stones at a crowd during a Navratri event in Undhela village. The flogging of these petitioners was recorded by the policemen clothed in civil dress, and uploaded on social media platforms. In the video, cops could be seen tying the petitioners to a pole and beating them with lathis. Amid all this, a crowd that was watching the entire scene, cheering the cops on and chanting various slogans including "Vande Mataram.".On Thursday, when the matter was called out, Senior Advocate IH Syed submitted on behalf of the petitioners that forty persons were initially detained by the cops after barging into the house of one of the petitioners, who is a lady. He said that the woman was beaten up and then she along with the male members of the family were picked up and taken to the police station, where they were illegally detained.Further, the counsel submitted that from there, the five men were brought back to Undhela village, where they were tied to a pole in the chowk and thrashed with lathis. He said that the entire incident was recorded by policemen and video clips of the flogging went viral on social media."The petitioner is a senior citizen, he too was beaten up mercilessly in public view. The policemen were in civil dress; they tied the petitioners one by one to a pole and beat them with lathis. This is what is happening in Gujarat," Syed said.At this, the Chief Justice interjected, saying, "Mr counsel, this is not happening, but has happened."Syed responded, "Milords are there to take care (that it doesn't happen).".Syed further highlighted the fact that the cops are in contempt of the court as they have failed to comply with the Supreme Court's guidelines issued in the case of DK Basu v. State of West Bengal, which mandate a proper procedure for arresting an individual."These police officers are in contempt of the DK Basu guidelines. They were in civil dress, they detained my clients illegally and later showed them to have been arrested, but on paper, the arrest timing is shown to be much earlier," the senior counsel said.The matter will be next heard on November 12..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.