The Gujarat High Court has taken suo motu cognisance of the alleged police flogging and public parading of handcuffed accused in Surat, days after an advocate urged Chief Justice Sunita Agarwal to intervene in what he called a “disturbing and shocking” violation of constitutional guarantees. The Secretary, Home Department, has been arrayed as the respondent in the matter.
The action follows a representation made on July 14 by advocate Utkarsh Dave, who sought immediate judicial scrutiny of videos circulating on social media that allegedly show Surat Deputy Commissioner of Police Rajdeepsinh Nakum, accompanied by 15 to 20 police personnel, parading handcuffed accused persons on public roads and repeatedly assaulting them with lathis. The representation alleges that the accused were “dragged by their hair, slapped and beaten in full public view under the supervision of senior police officers.”
Dave’s representation to the Chief Justice describes the conduct as a “blatant violation” of Articles 14 and 21 of the Constitution, arguing that no police officer has the authority to punish an accused before trial, and that the power to investigate an offence cannot be converted into a licence for summary punishment or public humiliation. It draws on the Supreme Court’s ruling in D K Basu vs. State of West Bengal, the foundational precedent on custodial safeguards, and cites the Gujarat High Court’s own observations in the 2022 Kheda flogging case, where a similar public assault on accused persons drew judicial ire.
The representation also refers to the Gujarat Police’s own departmental instructions prohibiting the public parading, humiliation and assault of accused persons and said that the incident not only violated constitutional protections but also state police regulations. Dave said that repeated incidents of similar nature erode public confidence in the criminal justice system and encroach upon the exclusive domain of courts to determine guilt and award punishment.
Dave had asked the court to call for a report from the State authorities on the incident, direct the preservation of CCTV footage and other electronic evidence relating to the episode, and pass appropriate directions to prevent recurrence.
The Surat episode is not an isolated approach by Dave to the courts on this issue. Earlier this year, he moved the Supreme Court separately, seeking nationwide directions to curb custodial torture and police brutality against accused persons while in police custody.
With the High Court now initiating a suo motu petition in the matter, the State government is expected to be called upon to place its response on record in the coming weeks, including any departmental action taken against the officers seen in the videos.
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.
Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.
Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).
Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More
