Gujarat HC frames charges against four policemen in Kheda public flogging case

 The Gujarat High Court on Wednesday framed charges against four policemen for contempt of court for their role in the public flogging of some members of a minority community arrested in Kheda district in October 2022. In the context of one of the four accused policemen, the HC said there is “a tacit consent or approval” by him in carrying out “the illegal and humiliating act,” and therefore, no immunity can be granted to him from the framing of charges.

A division bench of Justices AS Supehia and MR Mengdey observed that the four policemen — an inspector, a sub-inspector and two constables — “actively participated and carried out the act of flogging the applicants in public by tying them to a pole” at Undhela village in the district on October 4, 2022. By doing so, they violated the guidelines issued by the Supreme Court in DK Basu vs State of West Bengal case, the HC said. In doing so, they attracted punishment under section 2(b) read with section 12 of the Contempt of Courts Act, 1971 (related to wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court), it said while framing the charges against them..

The punishment for the same attracts simple imprisonment of up to six months and/or a fine of up to Rs 2,000. The four accused are inspector AV Parmar, sub-inspector (SI) DB Kumavat, head constable KL Dabhi and constable RR Dabhi.

During the Navratri festival in October last year, a mob comprising members of the Muslim community allegedly hurled stones at a garba dance event at Undhela village in Kheda district, injuring some villagers and police personnel. Videos emerged on social media showing police personnel purportedly flogging three of the 13 persons arrested for pelting stones.