Gujarat HC issues notice against state, top cops in plea alleging custodial torture in Dahod last year

However, Pipalodiya alleged that the raid was fake and the police lathicharged and opened fire during the incident in which he was not involved.

Pipalodiya’s petition states that on August 21, 2023, Dahod police officials, including from the local crime branch, came in multiple vehicles along with “50 other people affiliated to the BJP, Bajrang Dal and Vishwa Hindu Parishad”. They allegedly surrounded the Kapdi area, picked up multiple “prominent citizens belonging to minority Muslim community” who had nothing to do with the incident, arrested and assaulted them, including “brutally beating [them] up with belts used to run flour mill”. The petitioner also accused the police of “very filthy, unparliamentary, anti-Muslim” verbal abuse.

The petitioner alleged that while in police custody, District Superintendent of Police (DSP) Rajdeepsinh Jhala had come to the police station and used “filthy abuse of the worst nature”, and he was then “made to hold rods of window and was beaten mercilessly till DSP Jhala was tired.”

The complainant also alleged that the DSP tried to make him chant “Jai Shri Ram”, failing which another round of severe beating followed and he was made to lie on the floor. “The second PSI stood on the thigh of the petitioner and he was thereafter beaten on the sole of his foot till he started bleeding profusely. Thereafter, others were called in the chamber of the PI and were beaten mercilessly,” the petition details.

The petitioner further alleged that he was taken back to Kapdi, handcuffed and paraded in Rahematnagar.

Submitting that multiple representations to the authorities seeking registration of FIR against the erring police officials have gone unheard, Pipalodiya, represented by advocate Anand Yagnik, sought directions before the court of Justice H D Suthar.

It was submitted that the petitioner in the process of custodial torture “was robbed of his dignity and constitutional rights” and that his identity “as a distinguished Muslim leader was eroded”, and that as “the police wanted to take revenge against the Muslim Community, the petitioner was selected for all custodial violence, torture and beating.”

The petitioner thus sought the Gujarat High Court to direct the police to lodge an FIR against DSP Jhala, Deputy Superintendent of Police (DSP) Bishakha Jain, Circle Police Inspector Kirit Lathiya, Devgadh Baria PSIs Devendra Solanki and one Desai, head constable Ranjitsinh Fatehsinh, police officers and personnel from the Dahod local crime branch, and others, for illegal arrest, custodial violence, torture, beating and verbal abuse against the petitioner and those arrested, and for parading the petitioner in a handcuffed condition.

The court issued notice, with the police officials expected to respond by February 8 when the court is due to take up the matter next.