Junagadh Flogging: ‘To deal with law & order situation…’: Cops deny claims of torture in Gujarat HC

A division bench of the High Court on July 24 issued notice to the police personnel concerned in the contempt application moved by Jakir Yusufbhai Makwana (42) and Sajid Kalamuddin Ansari (36). The petitioners alleged they were tortured in police custody, and flogged in full public view outside the Gebanshah Masjid in Junagadh city on June 16 after violence broke out as demolition notices were issued by the local civic body to five Islamic religious places. They also said that they were verbally abused, terming it as a violation of the custodial guidelines as per the DK Basu judgment of the Supreme Court.

In the affidavits, the petitioners have also been accused of wreaking vengeance against the police officials concerned, “probably at the instance of the leaders of their community.”  The affidavits filed by Dhandhalya,  on behalf of himself and 14 other alleged contemnor police officials, and by ‘A’ division police station inspector Nirav Amrutlal Shah, on behalf of himself and 14 other personnel, were taken on record in the High Court on Monday.

The petitioners also claimed that the accused police officers have been pressuring them to withdraw their complaints of custodial torture and violence.

While denying all claims, both the affidavits state, “Assuming for the sake of arguments, without admitting and subject to the rights and contentions as raised in the present reply, even if the allegations mentioned in the petition are tilted to be correct and true, even then, the said act was resorted to only with a view to deal with the petitioners in an efficient and effective manner and to control the law and order situation and only with a view to see that the situation at the relevant point of time would come under the control and public peace is maintained and for that such measures pr actions as alleged seem to have been taken.”

With the video of the public flogging also cited in the contempt application by the petitioners, the police officials’ affidavits stated, “Looking to the overall aspect of the matter, it can be safely curled out that the applicants are trying to rob the police officers who were diligently performing their duties and only with a view to wreak vengeance probably at the instance of the leaders of their community.”

Both the affidavits detail the day’s incident, alleging that a mob of “500-550 Muslim men and women” had gathered near the dargah to oppose demolition notices being pasted. It has been further alleged that the mob started assaulting police persons, which, as the affidavits claim, was “premeditated and planned in advance”.

Pointing that the second petitioner, Ansari, has never complained of custodial violence earlier, the police officials’ affidavits have submitted that the petitioners be “put to strict proof to substantiate the averments” they have made in their petition. Notably, the petitioners have identified themselves in the video of the public flogging that went viral.

A division bench of the High Court is expected to take up the matter for the hearing on September 27.