SP justifies Kheda flogging even as police interim report finds six cops at fault

The HC is seized of a contempt petition for violation of arrest and custodial guidelines as laid down in the DK Basu judgment of the SC, moved by five Muslims who were publicly flogged, against 15 police officials, including Ahmedabad range IG, Kheda superintendent of police (SP), 10 constables of Matar police station at Kheda and local crime branch at Kheda, police inspector of Kheda local crime branch, and 2 PSIs – one of Matar police station and other of Kheda local crime branch.

A day after an alleged stone pelting incident during Navratri this year, which allegedly involved the said Muslims along with others, police had rounded up the men and flogged them in public view at the town square and allegedly circulated videos of the flogging.

The directions issued by the Supreme Court in the case of DK Basu versus the State of West Bengal, provides for guidelines to be followed by police during arrest and detention.

Additionally two set of affidavits have been filed by the policemen accused of being participants in the flogging.

While one set has primarily justified the flogging as an exercise to control law and order and has pointed at criminal antecedents of one of the flogged victim, another set of affidavit, filed by several police personnel facing departmental proceedings after being found to be prima facie involved in the physical abuse of the Muslims, have submitted that such a contempt petition is not maintainable and that they were only discharging their duties, acting within the scope and ambit of their powers.

In an affidavit filed by Hetalben Rabari, police sub inspector (PSI) at Matar police station, who is one among the 15 police personnel faced with the contempt petition, has tendered an “unconditional apology”, while adding that “even if the allegations…are tilted to be correct, the same were resorted to only with a view to deal with the petitioners in an efficient manner and to control the law and order situation and further to prevent any kind of communal riots.”

Rabari in her affidavit filed on February 16 has further alleged that the Muslim victims of flogging have “tried to gather the sympathy” of the court by mentioning that one of the victim was 62 years old “but has surreptitiously not mentioned that he is an opposition leader and there are cases of rioting against him and also one of the prime accused of the ‘Godhra kand’ case.”

Rabari’s affidavit has been filed on behalf of four other accused police personnel, including the head constable of Nadiad.

In another affidavit filed by the police inspector of local crime branch AV Parmar, making submissions on behalf of himself and six other accused policemen, it has been stated that there has not been any judicial finding of any court that the DK Basu judgment has been violated, contempt proceedings against the cops are not maintainable.

Submitting that the petitioner-Muslims “created an atmosphere of fear and terror amongst law abiding residents of the village”, the police personnel “acted within the scope and ambit of their powers” and such acts of flogging was “in discharge of their duties.”

It has also been submitted by Parmar that contempt of DK Basu judgment would not hold following amendments to the CrPC which incorporated the guidelines thus prescribed in the judgment.

Of the seven police personnel on whose behalf the affidavit has been filed, six have been held to be “prima facie involved in physical abuse” in an interim inquiry report by the DySP and have been issued departmental chargesheet.

In a third affidavit filed by Rajeshkumar Gadhiya, SP of Kheda-Nadiad, it has been stated that following representations by political leaders, including 3 MLAs — Gyasuddin Sheikh, Imran Khedawala and Mohammad Peerzada —to the Gujarat DGP, Ahmedabad Range IG had addressed communication to the SP Kheda-Nadiad to inquire about the incident.

Pursuant to this, DySP of Kapadvanj division had submitted an interim report on December 1, 2022 to the SP Kheda-Nadiad.

In this report, the DySP had stated that when the Muslims accused of stone-pelting had started misbehaving with the cops, as responsible officers, “instead of physically abusing the accused (Muslims) with lathi, the officers were required to control the accused persons using other means and to shift the accused to other safe means.”

The SP’s affidavit states that based on the interim report, a departmental chargesheet has been issued to six erring officers, “who were found prima facie involved in the incident of physical abuse”, including AV Parmar, three unarmed constables and two armed constables.

The SP’s affidavit records that the alleged stone pelting at the Garba venue by the Muslims was premeditated with a view to “create fear amongst the Hindu community and to disturb the law and order,” the suspects were “cornered so that no untoward incident further takes place.”