New Delhi:The Supreme Court Tuesday stayed the contempt proceedings against four police officers, who were sentenced to 14 days of imprisonment by the Gujarat High Court in October last year, regarding their involvement in the public flogging of Muslim men in Gujarat's Kheda.
A bench comprising justices BR Gavai and Sandeep Mehta, while agreeing to examine the case, came down heavily on the police officers for their conduct. "What kind of atrocities, and then you expect this court to...Tying the people to poles, beating them in public view”, said the bench
Senior advocate Siddharth Dave, representing the police officers, submitted that his clients were already facing criminal prosecution, departmental proceedings, as well as an inquiry by the National Human Rights Commission. Dave questioned the high court's jurisdiction to proceed against them in a contempt case, and added that a 'wilful disobedience' of the court's order in DK Basu could not be made out.
The bench asked Dave, “ So you have authority under law? To tie people to poles and beat them?...and take videos?" Dave contended that the question was not about the culpability of the accused, but the jurisdiction of the high court.
The bench asked, so, is ignorance of law a valid defence? Dave further questioned the high court's findings that the Muslim men were kept in illegal detention for over 24 hours. Dave insisted that this finding is subject to a trial and under contempt jurisdiction, they cannot be prosecuted for an offence.
After hearing submissions, the bench agreed to examine the appeal. Dave requested for an extension of the high court's stay on its own order in the contempt case. The bench said, "Enjoy the custody. You will be a guest of your own officers. They will provide you special treatment." However, the apex court stayed the contempt proceedings before the high court.
The apex court agreed to examine the appeal filed by police officers A V Parmar and three others, under Section 19 of the Contempt of Courts Act, 1971 against an October order of the Gujarat High Court. The high court agreed to stay its order’s execution for three months to allow the police officers to challenge its verdict.
The high court had charged them with contempt of court after five of the Muslim men flogged in public view moved the court alleging a violation of the DK Basu guidelines on custodial torture.
Read More
- ‘Under what authority, tie people to polls and beat them’, SC on public flogging of Muslim men
- Extension of BSF jurisdiction: SC to decide if Centre encroached into Punjab’s domain
- Children of void, voidable marriage entitled to valid share in property: SC