Kheda flogging: 4 policemen sentenced to 14 days’ prison; sentence stayed for 3 months

Calling the public flogging “inhumane” and an “act against humanity”, the bench of Justices A S Supehia and Gita Gopi elucidated the physical and emotional damage that acts of torture or humiliation can cause. It also noted that those arrested have a right to life with dignity.

The bench held the four policemen — A V Parmar, D B Kumavat, Laxmansinh Kanaksinh Dabhi and Rajubhai Dabhi — guilty of contempt of court for violating the guidelines laid out in the D K Basu judgment on the conduct of policemen while taking custody of an accused.

It said custodians of law and order “should not become depredators of civil liberties, for their duty is to protect and not to abdicate” and that an accused person’s “dignity cannot be allowed to be comatose” while in police custody.

It quoted Mother Teresa who had said, “Human rights are not a privilege conferred by the government, they are every human being’s entitlement by virtue of humanity. The right of life does not depend and must not be contingent on the pleasure of anyone else, not even a parent or a sovereign.”

The bench said the accused policemen “defiled the human rights and dignity of the complainants as if they were conferred with the privilege to do so”.

According to the police complaint, around midnight October 3, 2022, a mob of 150-200 people allegedly attacked a garba event at Undhela village by pelting stones in a Swaminarayan temple and “hurting religious sentiments”. Seven persons, including a policeman, were injured in the incident.

Videos surfaced on social media of the police publicly flogging several of the detained men the next day at the village square, holding them against an electric pole.

Five victims of the police action moved a contempt petition before the Gujarat High Court, submitting that the flogging was in violation of guidelines that police are required to follow while making arrests and detentions.

Jahirmiya Malek (62), Maksudabanu Malek (45), Sahadmiya Malek (23), Sakilmiya Malek (24) and Shahidraja Malek (25) accused the police personnel of not only flogging them and detaining them illegally but also violating guidelines enshrined in the Supreme Court judgment of D K Basu versus the State of West Bengal. The victims also sought to be compensated for infringement of their rights.

Jahirmiya, who is also the prime accused in the police FIR on the October 3, 2022 incident, said the High Court verdict was “satisfying”.

“The entire community in the village feels vindicated… I had been humiliated in public and there was no way I was going to accept the compromise offer. Even though it is only a 14-day simple imprisonment, it is symbolic and holds much value as it sends a message that should deter policemen from taking law into their own hands, Jahirmiya told The Indian Express.

Senior advocate I H Syed, representing the petitioners, called the verdict “unprecedented” for the State of Gujarat.– With Aditi Raja in Vadodara