The Supreme Court on Tuesday stayed the contempt proceedings against four police officials of Gujarat police who were sentenced to 14 days of imprisonment each by the State High Court in October 2023 for flogging five Muslim men in full public glare after tying them to poles in Undhela village in Kheda district of Gujarat.

Taking exception to the act and asking what authority they had in tying the men to poles and flogging them, a bench of Justice B.R. Gavai heading the bench also comprising Justice Sandeep Mehta asked, “So you have authority under the law to tie people to poles and beat them?”

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Sharing the concern expressed by Justice Gavai, Justice Mehta too asked, “What kind of atrocities, and then you expect this court to…Tying the people to polls, beating them in public view” and “take videos”.

Admitting the statutory appeal preferred by four police officers – A. V. Parmar, D. B. Kumavat, Laxmansinh Kanaksinh Dabhi, and Rajubhai Dabhi – under Section 19 of the Contempt of Courts Act, 1971, Justice Gavai said, “It is a statutory appeal. It has to be admitted.”

The four police officers have challenged the October 19, 2023, Gujarat High Court order. The High Court order had come after five-men approached it contending that they being tied to a pole and flogged in full public view was the violation of guidelines framed relating to custodial torture.

The five were accused of allegedly pelting stones at a Garba event.

The four police officials were given 14 days sentence for contempt of court, but the operation of sentence was suspended for three months to allow them to appeal against the High Court orders.

Senior advocate Siddharth Dave appearing for the police officials questioned the jurisdiction of the High Court contending that a wilful disobedience of the guidelines in DK Basu case has not been made out. He has said that the police officials were already facing criminal prosecution, departmental proceedings and an inquiry by the National Human Rights Commission.

Senior advocate Dave argued that it is yet to be established that it was a wilful disobedience and the police officials were in the know of the guidelines in DK Basu case.

In a retort Justice Gavai said, “So ignorance of law is a …It is the duty of every police officer to know what is the law laid down in DK Basu …”

The incident relates to October 3, 2022, when videos surfaced showing men being flogged allegedly for disrupting a garba event in Kheda district of Gujarat. The people belonging to a minority community then approached the High Court and named 13 police officials alleging flogging and illegal detention. After an inquiry by a magistrate in Nadiad, the High Court initiated action against four police officials who have now approached the Supreme Court challenging their sentencing by the High Court.