The Supreme Court has decided to extend the stay on contempt of court proceedings against four Gujarat police officials who were previously sentenced to 14 days of imprisonment by the Gujarat High Court in October last year. This action was taken in response to the officials’ violation of the Supreme Court’s guidelines regarding the detention and interrogation of suspects.
The apex court admitted the statutory appeal filed by the Gujarat police officers, namely inspector AV Parmar, sub-inspector DB Kumavat, head constable LK Dabhi, and constable Rajubhai Dabhi, against the Gujarat High Court’s order dated October 19, 2023.
During the hearing, the bench of Justices BR Gavai and Sandeep Mehta criticized the conduct of the Gujarat police officials. Justice Mehta expressed dismay, stating, “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.” Justice Gavai added, “(Do) you have an authority under law to tie people to a pole and beat them? Go and enjoy the custody.”
Senior advocate Siddharth Dave, representing the accused officials, mentioned that they were already facing criminal prosecution, departmental proceedings, and an inquiry by the National Human Rights Commission (NHRC). Dave argued that the high court’s jurisdiction to proceed against them in contempt proceedings was the key issue.
The bench acknowledged the statutory appeal, noting, “It is a statutory appeal.” However, Justice Gavai emphasized that ignorance of the law is not a valid defense, stating, “Every police officer ought to know what is the law laid down in DK Basu. As students of law, we have been hearing and reading about the DK Basu verdict.”
The case involves the alleged beating of five individuals with batons by the accused policemen, who tied them to a pole. The incident occurred in October 2022 when the individuals were picked up for their alleged involvement in throwing stones at a garba event in Undhela village of Kheda district during the Navratri festival. The accused policemen now face contempt charges for flouting the Supreme Court’s guidelines.
Senior advocate IH Syed, representing the complainant, argued that contempt charges were independent of departmental proceedings and criminal prosecution. The Supreme Court decided to extend the stay on the sentence, acknowledging that it is an appeal and the court will need to hear the matter.
This development highlights the delicate balance between enforcing the rule of law and ensuring accountability within law enforcement agencies. The Supreme Court’s decision to extend the stay reflects its commitment to a thorough examination of the case and the underlying issues of contempt of court and police misconduct.
