Public flogging of Muslim men: Gujarat HC sentences four policemen to 14 days’ imprisonment 

Gujarat HC sentences four policemen to 14 days’ imprisonment with a fine of ₹2,000 for flogging Muslim men in Kheda. Court terms act as “inhumane” & “against humanity”, noting it caused physical torture & humiliation. Refused to accept apology, citing it would send wrong message to society.

A Division Bench of the Gujarat High Court on October 19 sentenced four policemen to 14 days’ imprisonment with a fine of ₹2,000, in a contempt of court case related to the public flogging of several Muslim men by the police in Kheda district of Gujarat in October 2022. 

The court said the actions of the policemen, had violated the guidelines laid down by the Supreme Court in the D.K. Basu case, to be followed during arrest and detention.

Failing to pay the fine would attract further simple imprisonment of three days, the Bench said. It, however, stayed the operation of the order for three months after the accused sought time to appeal against the sentence.

The court’s ruling came after five men from the minority community declined to accept the monetary compensation from the four policemen who were found guilty of flogging them. 

The Division Bench of Justices A.S. Supehia and Gita Gopi termed the flogging as “inhumane” and an “act against humanity” while stressing that even those who are were arrested by the police have the “right to life” which also includes living “life with dignity”. 

Moreover, the court also noted that the flogging had inflicted physical torture which can also cause humiliation. It held that once a person is in the custody of the police, “his dignity cannot be allowed to be comatose”. 

According to the Bench, the accused policemen “have defiled the human rights and dignity of the complainants as if they were conferred with the privilege to do so”.