A Warning Judgment For Cops India-wide


 BY R.K.MISRA

Injustice is easy to inflict , what stings is justice. And when the applause or censure has died down you are left to savour the  pleasure or pain in private. If the abiding sentiment is  redemption for one, it is of rumination for the other.

On October 19,2023 the Gujarat High Court sentenced four police officers and men to 14 days simple imprisonment for the public flogging of five muslim men for their alleged involvement in stone pelting during garba last year. They were also fined Rs 2000 or 3 days jail in lieu thereof. The operative part of the verdict has been stayed for three month to appeal against it.

 A benchmark judgment delivered by Justice A.S.Supehia and Justice Gita Gopi has been scathing  in upholding the law and yet softly mindful  in giving ample time to appeal. Published excerpts of the judgment sound a warning bell for the cops who play to the gallery with an eye to pleasing those in power.

 The verdict took note of the fact that the accused cops” have defiled the human rights and dignity of the complainants as if they were conferred with the privilege to do so”. The court pointed out that the custodians of law and order” should not become depredators of civil liberties for their duty is to protect and not to abdicate and also that an accused person’s dignity cannot be allowed to be comatose once the person is in cop custody.

 The Bench refused to accept the unconditional apology tendered by the accused cops terming it a ‘barbarous act’ wherein videography was done and widely circulated on social media. ”In the present case , it is not only the majesty of the court that has been degraded but the self-respect of the complainants is blown to smithereens. The apology tendered to this court only will not wipe out the scars on the psyche of the complainants.

 Even after the declaration of the guidelines  by the apex court, it has on numerous occasions emphasised on following them but it appears to have fallen on deaf ears”, the court noted. ”The insensate act where they engaged themselves in committing an inhumane act with a horrific purpose to humiliate in full public view is violative of the apex court guidelines which seeks to protect human dignity, values and rights guaranteed by the Constitution.

 While passing the order, the court orally opined, that it was not happy that this day had come when it was passing such orders sending officers to jail.  Earlier,  counsel for the accused cops had  informed the court that the accused had approached victims in the presence of their advocate and offered monetary compensation which was  rejected by the victims. 

 Five Muslim men were beaten by policemen in Undhela village of Matar Taluka in Kheda district of Gujarat in the presence of villagers and victim's family members in public, for their alleged role in pelting stones on Navratri Garba and disturbing communal harmony in the village.  Police had arrested at least 40 persons on suspecting their role in the violence. 

 The victim's family members had moved  the High Court pleading for action against the policemen for contempt of court. As per the Supreme Court order in the case of D K Basu Vs State of West Bengal, the court has laid down guidelines against custodial torture. During the case hearing, the Gujarat Government submitted before the court that five policemen including a police inspector were prima facie found guilty in the case of flogging. 

 Based on electronic pieces of evidence, Nadiad Chief Judicial Magistrate in his report to the High Court had submitted out of the 14 police personnel, four were identified as beating Muslim men.

 This is not the sole case of cops taking the law  into their  hands, seeking to dispense summary justice, there are at least two  more- both involving people from the minority community-awaiting judicial scrutiny.

 Interestingly The Gujarat State Law Commission in its latest report released in July 2023 has stated “Custodial deaths in Gujarat is a matter of great  concern”. The report is titled “Suggestions to have proper control on the law enforcing agency for the prevention of unwanted instances of custodial deaths”.

 Citing the  Commission report,  Gujarat Congress media joint convenor Dr Manish Doshi said that Gujarat tops in custodial deaths with 80 people having died in police custody over the last four years. The Supreme Court  by an order of July 2015 mandated all state to install CCTV cameras in all police stations. In Gujarat  130 police stations still remain without CCTV coverage while in many others though installed remain non-functional.

 According to the National Human Rights report, some 24 persons died in police custody in 2021-22, which is higher, than in 2020-21's 17, 2019-20 (12), 2018-19 (13), and 2017-18 ,14 deaths.   Even in states like Maharashtra custodial deaths were 76, in Uttar Pradesh 46, in Tamil Nadu (40), and in Bihar 38. 

 One wonders where the latest Gujarat High Court judgment and its scathing indictment of public flogging, leave the Gujarat  minister who had voiced his appreciation of the ‘ act’ of the cops. As a worthy put it “If you value your democracy, you cannot ration your justice!

 This syndicated news column was published in the respective newspapers edition dated  October 24  and 26 ,2023 respectively, whose links are given below:-

https://epaper.lokmat.com/articlepage.php?articleid=LOKTIME_NPLT_20231024_6_5

https://odishapostepaper.com/edition/4687/orissapost/page/9

 

 

 

 

 

 

 

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