The Supreme Court of India has decided to extend the stay on the contempt of court conviction and prison sentence imposed by the Gujarat High Court on four Gujarat Police officials. These officials were found guilty of contempt for their involvement in the public beating of five Muslim men, whom they had tied to a pole. The incident, which occurred in October 2022, gained attention after videos of the flogging surfaced on social media.

A bench comprising Justices BR Gavai and Sandeep Mehta not only extended the stay but also criticized the behavior of the police officers involved. Justice Mehta, visibly disturbed by the details of the case, questioned the brutality of the actions, asking, "What kind of atrocities are these? Tying people to a pole, beating them in public view, and taking videos." Justice Gavai added sternly, "Do you have an authority under law to tie people up to a pole and beat them? Enjoy custody. You will be a guest of your own officers. They will get you special treatment."

The matter revolves around the public flogging of five Muslim men by officers from the Matar Police Station in Kheda district during a Navratri event in Undhela village. The police alleged that the victims had thrown stones at a crowd, leading to the violent response. Videos of the incident circulated on social media, drawing widespread condemnation.

Family members of the victims, represented by Senior Advocate IH Syed, approached the High Court, seeking contempt of court action against the policemen. They argued that the officers violated the Supreme Court's guidelines outlined in the case of DK Basu v. State of West Bengal, which emphasize the need for proper procedure before arresting any individual.

In October of the previous year, the Gujarat High Court found four policemen guilty of contempt of court. Although fourteen policemen were reportedly involved, only four could be identified from the video footage. The court sentenced these officials to fourteen days of simple imprisonment and imposed a fine of ₹2,000 each. The High Court described the incident as an act against humanity but stayed its order for a three-month period.

Moreover, the High Court refused to accept the apology tendered by the policemen, stating that their actions had a debilitating effect on the rule of law, regardless of the sincerity of their apology. This decision led to the appeal before the Supreme Court.

During the recent hearing, the Supreme Court admitted the police officials' appeal and called for an expedited hearing in the matter. Senior Advocate Siddhartha Dave, briefed by Aura & Co., represented the police officials, while Senior Advocate IH Syed appeared on caveat for the complainants and the kin of the flogged men.

Case: AV Parmar and ors vs State of Gujarat and ors.