HC seeks look of accused cops in Kheda flogging

The Gujarat High Court on January 18 requested the 15 police personnel who had been allegedly concerned within the public flogging of Muslim males in Kheda district throughout a garba occasion final 12 months to look earlier than the court docket in reference to a contempt petition.

The contempt petition was moved by 5 Muslim victims of the general public flogging in October 2022 in opposition to 15 police personnel, together with Ahmedabad vary IG, Kheda Superintendent of Police (SP), 10 constables of Matar police station and native crime department at Kheda, police inspector of Kheda native crime department, and a pair of PSIs – considered one of Matar police station and different of Kheda native crime department.
The court docket has requested the 15 policemen to register their look earlier than it of their particular person capacities by the following date of listening to, or else the court docket will proceed in accordance with regulation.

The petitioners have sought of their petition that the 15 police officers be “punished for contempt and non-compliance” of the instructions issued by the Supreme Court within the case of DK Basu versus the State of West Bengal, which offers for pointers to be adopted by police throughout arrest and detention, and have additionally sought that the petitioners be awarded enough compensation.

While discover was issued in October with the returnable date saved for December 12 on the time, no reply has been filed until date by the accused cops, and neither have they engaged any lawyer to date. The accused policemen proceed to serve within the native crime department (LCB) with no punitive actions taken by the state administration as properly,based on the petitioners’ counsel, senior advocate IH Syed.

Taken up by the division bench of Justices NV Anjaria and Niral Mehta, Syed submitted on Wednesday, “They’re not even transferred, they’re working in LCB, prime posting…This is not an adversarial litigation, but this is something extremely blatant — taking in illegal custody, getting in police vehicles, making videos and posting on social media, by the policemen themselves. And now they are being continued in the same position, what is the message being sent? We made representations to DG, IG, that please remove them (accused cops), they (petitioners) are being intimidated, but absolutely nothing (has been done).”

The division bench has now saved the matter for additional listening to on January 30, by when the policemen are anticipated to file reply affidavits.

It is the case of the petitioners that on October 3 at round 11 pm, an altercation had damaged out at Undhela village in Kheda district, arising out of garba festivities, after the arrival of MLA of Matar Keshrisinh Solanki and his entourage.

Thereafter, 11 police personnel, who’ve named as respondents within the petition, had arrived on the scene and detained “innocent persons including the petitioners”, and based on the petitioners, at round 2 am, the police personnel had additionally entered the home of a woman named Maksudabanu (one of many petitioner), within the absence of any girl constable, and was overwhelmed up by one of many police personnel leaving her injured.

The petitioners had been then taken to SOG police station at Kheda and had been saved in unlawful detention in a single day.

The petitioners have additional submitted that on October 4 at round 12 pm, the petitioners and 5 others had been introduced again to Undhela village Masjid chowk, tied to a pole in the course of the chowk and had been overwhelmed up by 13 police personnel utilizing lathi in entrance of a crowd. Videos had been recorded and circulated within the public by the police personnel, based on the petitioners.
They had been later taken to Matar police station and had been formally proven to be arrested on October 4 at 9:15 pm.

The petitioners have submitted that they had been offered earlier than the Justice of the Peace on October 5 at 2 pm.

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