'Even if hardened terrorist, it doesn't give police authority to act against law', Gujarat HC

The order stated that by beating, parading and keeping the petitioner in illegal custody they "violated the law enunciated by SC.

Amid spate of instances of policemen publicly flogging and parading suspects in custody, the Gujarat high court has remarked that such suspects may be "hardened terrorists" but that itself doesn't give the police authority to act against the law.

The division bench of justice AS Supehia and justice M R Mengdey while framing charges against five such policemen for contempt of court refused their pleadings that litigation against them was not maintainable. The court also declined to accept unconditional apologies from the policemen and said that a decision in this regard will be considered at an appropriate stage.

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The court said that it was framing the charges against policemen B T Gohil, MJ Dhandhai, VS Lamba, Jaybha Parmar and Pradumansinh Zala since allegations levelled against them are "very serious in nature." During the arguments when lawyer representing the cops said that the complainant, who jumped parole and is still absconding, the bench remarked, "You see, he may be a hardened terrorist, but it doesn't give you authority to act against the law."

The order stated that by beating, parading and keeping the petitioner in illegal custody they "violated the law enunciated by the Supreme Court in the case of law enunciated by the apex Court in the cases of Aarnesh Kumar (supra) and D.K.Basu (supra) and hence, why you should not be punished under the provisions of Section 2(b) read with Section 12 of the Contempt of Courts Act, 1971."

The matter concerns alleged brutal assault on petitioner Ajay Kumbharwadiya in Rajkot. Kumbharwadiya is alleged to be involved in several liquor prohibition related offences. According to court details, in June, 2016 he was allegedly brutally assaulted by the policemen at Bhaktinagar Police Station and then paraded and beaten in full public gaze. He was also forced to do sit-ups.

The policemen are alleged to have forced the petitioner "to consume liquor in order to justify illegal detention and falsely registered an FIR under the Gujarat Prohibition Act." The record states that he was granted bail and was again "mercilessly beaten up, paraded in public at Trishul Chowk." It is alleged that he was kept in illegal police custody for over 24 hours.

Kumbharwadiya filed a contempt petition against the cops for violation of Supreme Court's guidelines laid down in the DK Basu and Arnesh Kumar judgements. These two landmark judgements have given instructions to police on how to treat a suspect in their custody. If found guilty, the policemen can be punished with simple imprisonment for term extending up to six months or with fine upto Rs.2,000 or with both.

In another similar case, about a dozen policemen are facing contempt cases for allegedly flogging a group of Muslim men in Kheda district last year. The police are accused of tying the men to poles and flogging them in full public view in front of cheering villagers and filming the act. The policemen in their affidavits "justified it to say that it was done in order to control law and order."

However, a police inquiry found at least six of the policemen "prima facie involved in the incident of physical abuse." In another alleged police atrocity case, a public interest litigation has sought inquiry into public flogging of Muslim men who were detained by police for their suspected roles in a case of rioting in Junagadh last month.