[Kheda Flogging Incident] Supreme Court extends stay on order sentencing policemen to 14 days imprisonment

Read Time: 03 minutes

Synopsis

Court asked the petitioner policemen before it if they had authority to tie people to a pole and beat them

The Supreme Court today extended the stayed granted on imprisonment order issued by Gujarat High Court against the policemen who flogged four Muslim men in Kheda, Gujarat.

While doing so, the court came down heavily on the policemen before it. 

"You expect this court to..look at the atrocities..tying them to a pole and beating them..", said Justice Sandeep Mehta.

When Senior Advocate Siddharth Dave, appearing for the policemen, told the bench that departmental proceedings had already been initiated against the erring officers, and the High Court's order was not required, Justice BR Gavai said, "It is the duty of every police officer to abide by what has been laid down in DK Basu judgment...".

The Gujarat High Court in October 2023 found the four police officers guilty of contempt of court for publicly flogging five Muslim men after tying them to a pole at Undhela in Gujarat’s Kheda district in October last year.

A division bench of Justices AS Supehia and Gita Gopi had granted a three-month stay on the implementation of the sentence at the request of the accused, to enable them to file an appeal.

Notably, the family of the persons who were flogged had approached the high Court seeking contempt of court action against the policemen.

High Court had said that the impugned acts were against humanity and had also imposed fine of Rs. 2000 each against them.

It had also refused to accept the apology tendered by the policemen, stating that their acts had a debilitating effect on the rule of law.

Case Title: AV Parmar & Ors. vs. State of Gujarat & Ors.