5 min readVadodaraUpdated: Aug 15, 2026 05:14 AM IST
The Gujarat High Court Friday orally told the state to transfer a senior IPS officer serving as Deputy Commissioner of Police in Surat, saying his continued presence in the city could undermine an inquiry into allegations that he publicly beat and humiliated accused persons.
The Division Bench of Chief Justice Sunita Agarwal and Justice D N Ray was hearing suo motu PIL proceedings over videos allegedly showing handcuffed accused persons being paraded and assaulted in public.
“You have to transfer him. The least you must do,” the court told the state after Government Pleader GH Virk informed that the officer continued to serve in Surat.
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Friday’s proceedings followed a July 14 representation by Advocate Utkarsh Dave to Chief Justice Sunita Agarwal, seeking immediate judicial scrutiny of videos circulating on social media.
The videos allegedly showed Rajdeepsinh Nakum, Deputy Commissioner of Police (DCP), Surat, accompanied by 15 to 20 police personnel, parading handcuffed accused persons on public roads and repeatedly assaulting them with lathis.
In his representation, Dave alleged that the accused were “dragged by their hair, slapped and beaten in full public view under the supervision of senior police officers.”
The Gujarat High Court took suo motu cognisance of the matter on July 22, with the Secretary, Home Department, named as a respondent.
‘They will not speak’
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The court orally expressed its dissatisfaction with the officer’s continued presence at his post despite an inquiry having been initiated. It also said the preliminary inquiry should continue, but the officer should be transferred to ensure that the investigation remains independent.
When the state government sought permission to report the findings of the inquiry to the court, the bench orally said: “The least you must do is continue with your preliminary inquiry, but this preliminary inquiry cannot be impartial if he is there. See, the other police officials who worked with this officer on the spot, they will not speak if he is there.”
The state also said the inquiry is being conducted by a senior officer.
“See, who are the witnesses? Apart from the people who were present on the spot, there must also have been some police officials who were witnesses… They will not speak. So at least you must do that; he is such a senior officer, and he did something unacceptable. You continue with your preliminary inquiry, but you have to transfer. He should be posted somewhere else,” the court said.
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The court held that the officer’s transfer was imperative when Virk requested that the government be permitted to report its findings first. “The incident is at a public place… Everyone has seen it; videos circulated. So why this incident occurred and what the gravity of the incident was will come up in the inquiry… But you can’t deny that this incident did occur. So if the incident has occurred, the least you should do…”
Virk assured the court that the necessary action would be taken on behalf of the state and sought time until next Friday in the matter.
Gujarat Police circular
Senior Advocate Megha Jani, making submissions before the court, also placed before the bench a May 12 Gujarat Police circular, issued following earlier High Court orders on the treatment of accused persons by the police. She said the circular was particularly relevant to the allegations in the Surat case.
“Concerning incidents where accused persons were handcuffed, tied with ropes, and paraded in public, as well as incidents involving public demonstrations or displays before members of the public, the DGP’s office was directed to issue clear instructions regarding the proper procedure to be followed… This order was passed way back on May 7, 2019. This order, this petition arose when, in 2018, about 10 incidents happened across the state, so a petition was filed,” she said.
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Jani said the circular makes it clear that such treatment of accused persons is unacceptable and “must not be undertaken under any circumstances”. It specifically prohibits making accused persons do sit-ups in public, forcing them to walk on their knees, kicking or beating them with sticks, making them fold their hands or hold their ears, forcing them to apologise, or subjecting them to public humiliation.
In his original representation, Dave alleged that the Surat incident violated Articles 14 and 21 of the Constitution. He also invoked the safeguards laid down by the Supreme Court in D K Basu vs State of West Bengal and referred to Gujarat High Court proceedings arising from the 2022 Kheda flogging incident.
“The court has conveyed to the state that Nakum should be transferred, but exemplary action should be taken in this case as he is an IPS-rank officer. This is the first time that the Court has taken cognisance of these acts where an IPS officer has done such an act. The police cannot indulge in such a conduct and should not happen to anyone. But despite recent incidents, police continue to behave in such a manner. The action in this case must be a deterrent,” Dave said Friday.
