SC Stays Contempt Proceedings Agaianst Gujarat Police Officers

On Tuesday (January 23), the Supreme Court intervened in the contempt proceedings against four police officers convicted by the Gujarat High Court last October. The officers, A V Parmar, D B Kumavat, Laxmansinh Kanaksinh Dabhi, and Rajubhai Dabhi, had received a 14-day imprisonment sentence for their role in the public flogging of Muslim men in Kheda, Gujarat.

Supreme Court Bench comprising of Justices BR Gavai and Sandeep Mehta accepted the statutory appeal filed by the police officers under Section 19 of the Contempt of Courts Act, 1971. During the hearing, Justice Gavai emphasized that the appeal had to be admitted as it was a statutory matter.

The Gujarat High Court had charged the officers with contempt after five of the flogged men approached the court, alleging a violation of the DK Basu guidelines on custodial torture. The incident occurred in Undhela village, Kheda district, shortly after the men’s arrest for pelting stones at a garba event. While the high court imposed a 14-day contempt sentence, it stayed the execution for three months to allow the officers to challenge the verdict.

Despite admitting the appeal, the bench criticized the officers’ conduct, with Justice Mehta expressing disbelief at the atrocities committed. Senior Advocate Siddharth Dave, representing the officers, argued that his clients were already facing criminal prosecution and departmental proceedings. He questioned the high court’s jurisdiction in pursuing a contempt case, asserting that ‘wilful disobedience’ of the court’s order in DK Basu was not evident.

Justice Gavai questioned the officers about their authority to engage in the reported actions, to which Dave responded by emphasizing the need to establish ‘wilful disobedience.’ The bench acknowledged the officers’ arguments but criticized their conduct.

The appeal was admitted, and the court directed an expedited hearing. Initially reluctant, Justice Gavai eventually granted a stay on the contempt proceedings before the high court.