SC scolds Gujarat Police for publicly flogging five Muslim people, saying “Go and enjoy the custody”

On January 23, 2024 (Tuesday), the Supreme Court (SC) of India scolded the Gujarat Police over its officials who publicly flogged five Muslim people at a village in Kheda district in 2022. The bench angrily asked the Gujarat Police from where they got the authority to tie people on poles and beat them up in public. The matter was heard by a two-judge bench comprising Justice Sandeep Mehta and Justice BR Gavai. During the proceedings, Justice Gavai said “you have an authority under the law to tie people to a pole and beat them? Go and enjoy the custody.” Further, Justice Mehta also scolded the officials and said “What kind of atrocities are these? Tying the people to a pole, beating them in public view, and taking videos. Then you want this court to intervene.” 

In this context, Senior Advocate Siddharth Dave who appeared for the officials stated that they were already facing departmental proceedings, criminal prosecution, and an inquiry by the NHRC (National Human Rights Commission). Further, he highlighted that “the question here is the high court’s jurisdiction to proceed against them in contempt proceedings.” While submitting this, he mentioned the SC’s D.K. Basu vs. State of West Bengal verdict where it issued guidelines for the suspect’s arrest, detention, and interrogation. After hearing the matter from both sides, the SC ordered, “Go and enjoy the custody. You will be a guest of your own officers. They will provide you special treatment.”