Gujarat HC Frames Contempt Charges Against Policemen For Custodial Abuse

The High Court of Gujarat has recently framed contempt of court charges against five policemen for their involvement in the beating and public humiliation of an accused individual in Rajkot in 2016.

Rejecting the unconditional apology offered by the policemen, the bench comprising Justice AS Supehia and Justice MR Mengdey charged BT Gohil, MJ Dhandhal, VS Lamba, Jaybha Parmar, and Pradumansinh Zala with contempt of court. They were accused of violating the guidelines established by the Supreme Court in the DK Basu and Arnesh Kumar judgments, which outline the treatment of accused persons in custody.

The division bench charged the police officers with brutally beating the accused, Ajay Kumbharwadiya, inside the Pradyumnanagar police station on June 21, 2016. The accused was then paraded and beaten in public view. It was alleged that Dhandal forced Kumbharwadiya to consume liquor and subsequently filed an FIR against him under the Prohibition Act. The police officers then took him out in public and beat him with sticks while two officers held him.

Furthermore, the accused was allegedly detained for more than 24 hours, which exceeds the permissible limit. Kumbharwadiya’s counsel argued that the court should not consider the apology tendered by the policemen before framing the charges.

The police officers focused on the accused’s criminal history, highlighting that he had been involved in nearly two dozen cases prior to the incident, and additional criminal cases were filed afterward, including an offense under GujCTOC. It was suggested that considering the accused’s past, appropriate compensation could be ordered instead of framing charges.

The bench emphasized that the High Court had already made the decision to frame charges on two occasions, and the Supreme Court had rejected the policemen’s appeal against this decision. The policemen will have the opportunity to present their defense and argue the weight of their unconditional apology when given the chance to refute the charges.

Upon the request of the policemen, the High Court directed the State Government to refrain from taking departmental action against them in light of the contempt charges. Kumbharwadiya’s lawyer highlighted that disciplinary action against these policemen had resulted in only a reprimand.

The court scheduled a further hearing for July 13 to proceed with the case.

In the previous year, when the High Court was set to frame charges, the policemen attempted to reach a compromise with the accused, who was incarcerated in Chhota Udepur after being booked under GujCTOC.