The Indian Express reported that the video shows a man seated on a chair gripping a young boy by his hair, tearing out handfuls of it, and throwing the hair into a dustbin — all while laughing. The boy, visibly terrified, pleads for the abuse to stop. The person seen committing the act has been identified as a sanitation worker employed at the station, while the video was allegedly filmed by a police constable posted there.

Police have now registered an FIR under multiple provisions of the Bharatiya Nyaya Sanhita (BNS) — including Section 115(2) (voluntarily causing hurt), Section 198 (willful disobedience of law with intent to cause injury), and Section 54 (abetment while present). The case also invokes Section 75 of the Juvenile Justice (Care and Protection of Children) Act, which criminalises cruelty towards a child, according to The Indian Express.

The incident and the complaint

According to the FIR, the incident occurred last month after the boy — a minor — was detained in an assault case. The complaint, filed by his grandmother, states that he had been picked up by the police following a neighbourhood altercation that left one person injured in an alleged knife attack. The police then detained the boy and subsequently sent him to a juvenile remand home, where he remained for about 16–17 days before being released, as per Indian Express.

Initially, the youth did not disclose the abuse he suffered in custody. His grandmother told The Indian Express that he became withdrawn and fearful after being released. It was only when the video surfaced on social media several weeks later that he revealed the truth — that during his detention, he was humiliated, beaten, and had his hair forcibly pulled out while police officers looked on and one recorded the act on his phone.

The grandmother then approached community leaders for help, and together they drafted a formal complaint. This complaint named four persons: the sanitation worker, the constable, the station’s police inspector, and an Assistant Commissioner of Police (ACP).

Community intervention and representation

Mujahid Nafees, Convener of the Minority Coordination Committee (MCC), wrote to Gujarat DGP Vikas Sahay on behalf of the family, demanding immediate disciplinary and criminal action against the officers involved. The application was formally forwarded to Rajkot Police Commissioner Brajesh Kumar Jha, reported The Indian Express.

With the assistance of local community members, the youth’s grandmother also submitted a separate written representation to the Police Commissioner. However, when the FIR was finally registered, it named only two accused — the constable and the sanitation worker — omitting the senior officers originally mentioned.

According to sources close to the family, reported The Indian Express, the police presented what they described as “convincing evidence” that both the Inspector and ACP were not present at the police station when the incident occurred. This led to their exclusion from the FIR, though activists have criticised the decision as premature and lacking transparency.

Official statements and inquiry

When contacted, Rajkot City Police Commissioner Brajesh Kumar Jha was unavailable for comment. DCP Zone-2 Rakesh Desai told The Indian Express that the FIR had been filed based on the grandmother’s complaint. “In the case of the video of a minor whose hair is being pulled out, his grandmother has given a complaint and we have filed an FIR,” Desai said. “The accused police constable has been transferred to headquarters, and the sanitation worker has been removed from his job.”

When asked about the inspector and ACP who were named in the initial complaint but not in the FIR, DCP Desai said, “Our inquiry has found that they were not involved.”

The preliminary inquiry has now been assigned to ACP (West) Radhika Bharai, who confirmed to The Indian Express that she has recorded statements from all involved and will submit her final report shortly. The criminal investigation into the FIR will be handled by a Police Sub-Inspector from another chowki under the same jurisdiction to ensure impartiality.

A second case of custodial torture against a minor

This latest incident in Rajkot comes on the heels of another horrifying case from Botad district, Gujarat, where four police constables were booked for the alleged torture and sexual assault of a 17-year-old boy in custody in August 2025. The case has attracted national attention due to the boy’s critical condition and the Supreme Court’s involvement.

According to the report of LiveLaw, the sister of the victim filed a petition under Article 32 of the Constitution before the Supreme Court, seeking an investigation by a Special Investigation Team (SIT) or the Central Bureau of Investigation (CBI). As provided in the petition, the boy was picked up by police officers of Botad Town on August 19, 2025, from a local fair on suspicion of theft. He was illegally detained for over nine days — from August 19 to August 28 — during which he was brutally assaulted and sexually abused by four to six officers.

The plea alleged multiple violations of procedural law:

• The minor was not produced before a Juvenile Justice Board or magistrate within 24 hours,
• No medical examination was conducted,
• His grandfather was also detained and tortured, and
• Officials later attempted to coerce the family into signing false statements.

On September 1, as per Bar & Bench, police told the family that the boy was suffering from an “insect bite” and required specialised medical attention. He was transferred to Zydus Hospital, Ahmedabad, where doctors found that he had suffered severe kidney damage requiring dialysis, temporary blindness, and seizures resulting from trauma.

The petition further stated that the boy remained in the ICU, and during this time, police officials allegedly forced his signature on certain documents and compelled family members to sign papers claiming that his injuries were due to a bicycle fall. The hospital refused to share the toxicology report or medical details with the family.

Supreme Court’s directions

The matter reached the Supreme Court in early October. A bench of Justices Vikram Nath and Sandeep Mehta heard the petition on October 7, 2025. As per LiveLaw, the bench refused to entertain the case directly, directing the petitioner to first approach the Gujarat High Court for relief.

Justice Nath observed: “Our sympathy is with your case, but the proper way is to go to the High Court.” Justice Mehta added that the petitioner could return to the Supreme Court if the High Court failed to take adequate steps.

The petitioner’s lawyer, pleaded for urgent directions to preserve the CCTV footage of the police station and to constitute a medical board from AIIMS, citing fears that crucial evidence might be destroyed. The Court, however, declined to issue immediate orders, stating, “It won’t be destroyed if you go to the High Court timely.”

Civil society response and pattern of abuse

The Minority Coordination Committee (MCC), which has taken up both the Rajkot and Botad cases, has called for the immediate suspension of the accused officers, registration of additional offences under custodial violence statutes, and judicial monitoring of the investigations.

Human rights advocates and legal experts have expressed grave concern over the emerging pattern of police violence against minors, particularly Muslim youth from marginalized backgrounds. They point out that both cases involve illegal detention, denial of medical access, and attempts at cover-up, indicating a culture of impunity within the state’s policing system.

Bhatt, who represented the Botad victim’s family, told Bar & Bench that these incidents “demonstrate a systemic disregard for due process and a chilling normalisation of custodial violence against minors.”

Conclusion: The urgency of accountability

The two back-to-back incidents — in Rajkot and Botad — lay bare a disturbing continuity of abuse within Gujarat’s police system, particularly against young Muslim males. Both cases reveal a pattern of dehumanizing violence, institutional protectionism, and token disciplinary actions that stop short of real accountability.

While Rajkot police have limited their action to transferring one constable and dismissing a sanitation worker, such cosmetic measures do little to restore public faith. Rights organizations have called for:

• Independent investigations under judicial supervision,
• Immediate forensic preservation of CCTV footage and medical records,
• Prosecution of officers under sections related to custodial torture and juvenile protection, and
• Oversight by the National Human Rights Commission (NHRC)

As has been documented, these incidents are not isolated excesses — they are symptoms of a systemic crisis. Unless the Gujarat government ensures structural accountability and enforces zero tolerance for custodial brutality, these cases will fade into the familiar pattern of viral outrage followed by institutional silence.

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The Politics of Memory: Controversy over graves of Afzal Guru and Maqbool Bhatt

The post Second Case in a Month: Another minor alleges torture in Gujarat police custody, cop and sanitation worker booked appeared first on SabrangIndia.

After the detention of Azhari, pockets of people started gathering outside the Ghatokar Police Station. As per the report of Hindustan Times (HT), the crowd started increasing after 6 pm and reached around a thousand at its peak, blocking the police station gate and adjacent road. The said crowd demanded the release of Azhari, deeming him to be the messenger of God, and raised slogans in his praise. In view of the large crowd that had gathered, and to ensure that no untoward event takes place, a video of Azhari requesting the people of the gathering to maintain peace has now gone viral on social media. Azhari, who can be seen standing alongside some police officials, can be heard saying on a mic that “I am cooperating and you should too. The gathering can lead to a law and order issue. If an arrest in written in my stars, I am ready for that. I am grateful for your love. If you people actually love me, then I urging you to empty this street. We do not want to create a situation for the police.”

The video can be viewed here:

मुफ़्ती सलमान अज़हरी साहब प्रशासन को सहयोग करते हुए…
pic.twitter.com/mhWtv8tFgD

— Ashraf Hussain (@AshrafFem) February 4, 2024

As per the HT report, a police officer concerned provided that the standoff by the crowd continued till late into the night, making it difficult for the Gujarat police to take him to their state owing to the crowd and legal issues.

Detailing the same, the HT report provided that around 200 personnel from the State Reserve Police Force were deployed to control the crowd. At around 10:45pm, as provided by the police officials, when the crowd allegedly became aggressive and stopped a bus on the road, police forces used mild force to disperse the gathering after warning them for five minutes.

The complaint, the arrest:

Since the morning of February 4, the ‘X’ (formerly Twitter) account of Azhari had been reporting the updates of the events unfolding regarding his detention. As per his post, at least 25 to 30 police personnel surrounded his society building in the morning. Later, nearing noon time, the police broke into his house, detained him at around 11:56 am and took him to Ghatkopar police station.

The post can be read here:

Today i.e. 04/02/2024 in the early hours of the day, Mufti Salman Azhari’s society was surrounded by around 25-30 policemen. After breaking into the house, at around 11:56 AM, Mufti Sahab was detained by the Gujarat ATS, Mumbai ATS and Chirag Nagar Police Station. pic.twitter.com/dDAULfU75z

— Mufti Salman Azhari (@muftisalman_) February 4, 2024

It is essential to note that the Gujarat police had registered a suo-moto First Information Report in the matter at the Junagadh police station after a video of the speech delivered by Azhari in Gujarat on January 31 went viral on social media. Sections 153 (C), 505 (2), 188, and 114 of the Indian Penal Code have been invoked against him.

It is pertinent to note while a HT report quoted a police officer stating that “The punishment for sections he has been booked under is less than seven years, so an arrest may not be required,” another tweet of by Azhari provided that he has been arrested by the Gujarat ATS and been take to Junagadh after being detained for more than 12 hours.

The Telegraph reports that an order for transit remand for Azhari had been secured by the Gujarat police from a court in Mumbai. Junagadh crime branch police inspector J J Patel further informed that Azhari will be produced before a court on February 6. Additionally, the investigation of the said case will be conducted by the Junagadh local crime branch.

The contentious speech by Azhari in question:

On the night of January 31, Azhari delivered the said problematic speech at an event held on an open ground near the ‘B’ division police station in Gujarat’s Junagadh city.

A one-minute clip of the said speech, which had gone viral on social media, Azhari can be heard saying “Today, the world is taunting us, asking us why are we being killed if we are true. They ask us why are we being slaughtered, why are we being killed in Palestine, Iran, Arab, Afghanistan, Burma, Yemen? As we are repeatedly asked this question, I want you to respond to the same by telling those oppressors that Maulana Mufti taught us that we are the loved ones of Mohammad-ur-Rasoolallah and we loved ones are born to die and not to live. It is the duty of a loved one to decide their life to their beloved.

If we are killed and slaughtered on any land, Islam will not end with us. If Islam had to end, it would have ended in Karbala (a war) but the truth about Islam is that Islam got alive after every Karbala itself. Do not worry my Muslim brethren, Islam is still alive, Quran is still there.

Those who mess with us daily, the last stage of the Karbala (war) to yet to be fought. This quiet is not long lived, the noise will return. Now is the time of the dogs, our time will also come soon.”

The video can be viewed here:

Here is the full video of #MuftiSalmanAzhari.

He was talking about Palestine and Muslim countries, and then he recited a couplet.

He has not given any inflammatory speech of any kind which could create enmity in the society.

There was no mention of any community in speech… pic.twitter.com/XfHlTqh4Se

— Hate Detector (@HateDetectors) February 4, 2024

As per the report of Telegraph, after the video of the speech went viral, an FIR was registered against Azhari and local organisers Mohammad Yousuf Malek and Azim Habib Odedara under Indian Penal Code sections 153B (promoting enmity between different religious groups) and 505 (2) (making statements conducive to public mischief), police said. As per the Telegraph report, the official stated the basis behind filing the said FIR to be that the arrested men had taken permission from police for the gathering stating that Azhari will speak about religion and spread awareness about de-addiction, however he allegedly delivered an inflammatory speech. Malek and Habib were arrested on January 3, while the police were apparently searching for Azhari.

Supporters decry targeting, others use it for communalising:

Supporters of Azhari have claimed that no inflammatory comments have been made by the Islamic preacher in his speech. As per their version, Azhari was reciting a couplet in relation to Palestine and Muslim countries and not aiming to create any enmity in the society. The hashtag of #ReleaseSalmanAzhari was also trending on X. As per a statement given by a close aide of Azhari, who was also present during his detention, no communal flare-ups and religious sentiments of any person were aimed to be hurt by the statements made. It was alleged by the supporter that the statements were being twisted on social media. It was asserted by the supporters that the comments made were not against any caste, religion or community or even the government. Notably, it was claimed by the said supporter that the Gujarat police was compelled into filing the aforementioned FIR due to a protest held by the Hinduvta organisations, namely Bajrang Dal and Vishwa Hindu Parishad, outside the police station.

Those in favour of the arrest did not leave this opportunity pass, and used the arrest of the Islamic preacher to communalise the Hindu community against the Muslim community. Suresh Chavhanke, the editor-in-chief of Sudarshan TV News, who is himself a habitual hate offender and hate speaker, reported on the said news. Ironically, while reporting on the hate speech case filed against Azhari, Chavhanke himself indulged in a divisive anti-Muslim diatribe and encouraged violence.

In a clip from his show that has gone viral on social media, Chavhanke can be hear saying “Listen, you are saying that today is the time of the dogs and our time will come, listen to me, it was our time then too when we had killed Afzal. We had triumphed over Assam and Gujarat, and had established our saffron flag. It is essential that based on this speech you are declared a terrorist; the world knows that the Arabs are feeding you. Stay in your limits or else you will be harmed; in every street and society you will suffer like in Wirathu.” One should know here that Wirathu was known to have called for the genocide of Rohingya Muslims in Myanmar.

The video can be viewed here:

भारतीय मुसलमानो को खुलेआम नरसंहार की धमकी देता सुरेश चव्हाणके ।

गुजरात और असम जैसे नरसंहार फिर दोहराने की बात की।

अपनी औकात में रहो वरना नुकसान उठाओगे हर गली में विराथू पाओगे

( सनद रहे विराथू ने म्यांमार में रोहिंगिया मुसलमानो के नरसंहार का आवाहन किया था)#ReleaseSalmanAzhari… pic.twitter.com/or2zY79ez1

— The Muslim (@TheMuslim786) February 4, 2024

Related:

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The post Islamic preacher Mufti Salman Azhari arrested by Gujarat ATS for delivering provocative speech appeared first on SabrangIndia.

Notably, the Gujarat High Court has granted a stay on the order for three months to allow the accused to move an appeal against the verdict to the Supreme Court. The said stay had been granted on the request made by senior advocate Prakash Jani, who was representing to the accused officers. 

It is essential to note here that the aforementioned judgment had been announced by the High Court bench in the Kheda flogging case. In October 2022, videos showing 13 police officers mercilessly flogging the victims had surfaced on the internet. The said illegal action by the police had been in response to an incident of communal clash that had been reported a day prior wherein it had been alleged that a mob of 150-200 people had allegedly attacked a garba event in Kheda district by pelting stones and had allegedly “hurt religious sentiments”. In the same month, the five Muslim men had moved the court to seek justice.

As per a report of Indian Express, while delivering the verdict, the bench had termed the act of public flogging by the police as “inhumane” and an “act against humanity”. The bench had also delved into the physical and emotional damage that acts of torture or humiliation can cause on the ones subjected to it. In addition to this, the court also emphasized that under the criminal justice system of India, the arrestees have been granted protections and rights. Even when under arrest, the right to life of an arrestee, which also includes the right to life with dignity, cannot be put in abeyance.

As provided in the IE report, the bench also quoted Mother Teresa while pronouncing the sentence. The bench stated that Mother Teresa had said, “Human rights are not a privilege conferred by government, they are every human being’s entitlement by virtue of humanity. The right of life does not depend and must not be contingent on the pleasure of anyone else, not even a parent or a sovereign.” Relying on the same, the bench noted that in this case, the accused cops “have defiled the human rights and dignity of the complainants as if they were conferred with the privilege to do so”, as per IE. 

The court also observed that the ones who are given the power to uphold law and order “should not become depredations of civil liberties for their duty is to protect and not to abdicate” and that an accused person’s “dignity cannot be allowed to be comatose” once the person is in police custody.

Prior to this, on October 16, the five Muslim victims in the case had refused to compromise and settle with the four police officers when they had expressed a desire to pay compensation rather than face such punishment that could affect their careers. 

Background of the case:

In October 2022, a group of Muslim men had allegedly thrown stones at a garba site near a mosque at Undhela village of Kheda. The following day, five Muslims accused of being involved in the incident had been dragged out in public, tied to a pole and beaten with a stick by almost 13 police officers as the crowd had cheered them on. Videos of the flogging went viral on social media. The video also showed the five Muslim men being asked to apologise to the public.

Victims Jahirmiya Malek (aged 62) Maksudabanu Malek (aged 45) Sahadmiya Malek (aged 23) Sakilmiya Malek (aged 24) and Shahidraja Malek (aged 25) had moved the Gujarat High Court in October 2022 itself seeking action against the 13 offending police officers. They had asked the High court to “punish the accused officers for contempt and non-compliance” of the directions enunciated by the Supreme Court in the D. K Basu case. In the said case, the Supreme Court had pronounced detailed guidelines to be followed by the police during arrest and detention and on custodial torture.

Related:

Kheda Flogging case: Muslim victims refuse to compromise and settle with accused police officers

Gujarat: HC questions state on public flogging of Muslim men in Kheda

In Affidavit to High Court, Kheda SP defends policemen who publicly flogged Muslims: Gujarat

Where 4 Muslims were publicly flogged by cops, 39 others live in ‘exile’: Gujarat, Kheda

Kheda public flogging: Gujarat HC issues notice to police, Muslim victims seek action

Kheda police flogging: Victim-Accused files private complaint, court directs police to conduct probe

The post Kheda Flogging case: HC sentences guilty policemen to 14 days simple imprisonment, order stayed for 3 months appeared first on SabrangIndia.

In a second affidavit filed in the Gujarat High Court on February 16, that contests claims of contempt action against them, the Superintendent of Police, Kheda district of Gujarat, Rajesh Kumar Gadhiya, has –in a seeming turnaround – now defended the public flogging of Muslims during the Navratri festival in October 2022 last year. This has been widely reported in the media and LiveLaw has published the affidavit as well.

Over a dozen policemen are currently facing contempt of court proceedings for reportedly flogging a group of Muslim men under custody in front of cheering villagers and filming the act in October last year have denied the allegations and said that even if the allegations “tilted to be correct and true,” they were only indulging in such acts to control the law and order situation in an “efficient and effective manner”. 

A police inquiry has found that six of the policemen “prima facie involved in the incident of physical abuse”. “Respondents have acted within the scope and ambit of their powers and there has not been any act committed by them which is beyond the powers conferred on the respondents. It is submitted that the acts of the respondents are the act in discharge of their duties and these acts were not done with any criminal intent,” the policemen have stated in an affidavit filed in Gujarat High Court.

While the SP has now in February 2023 defended the police action, an interim report by the deputy superintendent of police of Kapadvanj division had ruled that “as responsible police officers” the accused police personnel were required to “control the accused persons using other means and shift the accused to other safe place”. Following the incident in October, four individuals – Jahirmiya Malek (62), Maksudabanu Malek (45), Sahadmiya Malek (23), Sakilmiya Malek (24) and Shahidraja Malek (25) – filed a petition with the Gujarat high court against 15 police personnel – the inspector general (IG), the superintendent of police (SP), Kheda; 10 constables from the Matar police station; and three officers from the LCB. This is the case the Gujarat high court is hearing.

Now. According to the Indian Express, the policemen accused of being involved in the flogging have filed two sets of affidavits One set has justified the flogging on grounds that the victims had criminal backgrounds, therefore such brute action was “necessary to protect law and order”; the other set has said the contempt of court petition is not maintainable as they were only acting within the scope of their duties.

This revised stance on oath comes after the Kheda district Superintendent of Police Rajesh Gadhiya has also filed an earlier affidavit stating that a preliminary report had found six of these policemen “prima facie involved in the incident of physical abuse.” The six policemen have been identified as police inspector A V Parmar and constables Mahesh Vashram, Kanaksinh Lakshmansinh, Arjunsinh Fatehsinh, Rajendrakumar Rameshbhai and Vishnubhai Harjibhai, all posted with Local Crime Branch, Kheda. Gadhiya had then mentioned that a departmental action and disciplinary proceedings have been initiated against the erring officers. However, veracity of the video clips were then still to be ascertained as the department is still waiting for a forensic report. 

Quoting this indicting interim report, the earlier affidavit had stated, “Responsible police officers, when the accused persons started misbehaving, instead of physically abusing the accused with lathi, the officers were required to control the accused persons using other means and to shift the accused to other safe place. However, the officers have beaten the accused in public and have not maintained discipline and restraint as a police officer. Further, necessary procedure is not followed which the police officers were required to undertake.”

The only circumstances that have changed in the months since the revised and more emboldened read defiant stance of the Gujarat police is the December 2023 state assembly elections during which the ruling party came back to power with an unapologetic and thumping majority. Unmindful of national and international human rights instruments and the law, soon after the outrage following the public flogging Gujarat’s home minister Harsh Sanghavi –responsible for the protection of the lives and properties of all citizens– had praised those involved for doing a “nice job”.

Now, on February 16, this affidavit was filed in response to a petition moved by five police flogging victims including a woman. The contempt petition filed by the victims in the high court accuses the errant policemen of violating Supreme Court judgement in in D K Basu vs State of Bengal, where certain guidelines were laid while dealing with arrest and preventing custodial torture. The policemen have contended that the contempt petition is not maintainable and moreover that none of the DK Basu guidelines have been violated!

“Unless a court of competent jurisdiction holds that while effecting the arrest of while detaining the petitioners, I have violated the directions contained in the form of guidelines of the Supreme Court of India, contempt proceedings against the respondents is not maintainable… the application for contempt is not maintainable which is based on newspaper reports and some video clippings. I submit that newspaper reports and video clips are not admissible evidence.”

Unrepentant over the countrywide outrage following the public flogging four months ago, in this February 16 affidavit the policemen have blamed the Muslim men for “disturbing the social fabric of a village by creating the rift between two communities and by assaulting people residing in a village”. It claimed that “the petitioners themselves had created an atmosphere of fear and terror amongst law-abiding residents of the village”.

Last October 3, several video clips surfaced showing flogging of persons who were arrested in a rioting case by policemen in full public view. The videos showed the villagers cheering for the policemen as they beat up the men one by one while their hands tied to electric poles. 

The incident had occurred in Undhela village, Matar taluka of Kheda district in central Gujarat, a day after local policemen arrested dozens of persons from the Muslim community, following a case of rioting during Navratri garba festivity in the village. Incidents of stone pelting and riots were reported at the garba dance event organised at the temple, close to a mosque. Dozens of suspects including the five petitioners were picked up by the police from different places the same night and next morning they were brought to the village in a police vehicle.

In the affidavit, the policemen have claimed that some of the suspects were “abusing and spitting on them.” In their defence, the police men have stated in the affidavit that the petitioners, the accused in the rioting case, have a criminal history. Hetal Rabari, police sub-inspector with Mater police station, who is also a party in the litigation, has stated in her affidavit that petitioner no. 1, Jahirmiyan Malek, “is a senior citizen aged about 62 years but has surreptitiously not mentioned that he is an opposition leader and there are serious cases of rioting against him and he is also was one of the prime accused of the “Godhra Kand” case.” She has further stated, “The applicants have incorrectly submitted before this court that respondent no. 2 to 14 were mercilessly beating the petitioner 1 (Jahirmiyan Malek) despite he being a senior citizen. Further, during the course of investigation it was found that the petitioner no. 1 is the main conspirator as per his mobile conversation”.

The petitioners have alleged that the Supreme Court’s directions in D.K. Basu versus the State of West Bengal, wherein the top court laid down basic “requirements” for the police to follow during arrest and detention until legal provisions are made, were violated. Alleging that by flogging the accused, the officers violated these requirements, the petitioners sought for the police personnel to be tried for contempt of court and also sought for compensation to be paid to the accused.

In a fairly shocking averment by serving police officers, they have claimed that since the 2009 amendments to the Code of Criminal Procedure (CRPC), the police was acting within the powers and scopes of the powers as granted by the legislature and as such since the National Human Rights Commission (NHRC) was seized of the matter, the writ and remit of the petitioners’ claims holding the Gujarat police to account on the standards set by the DK Basu Judgement and its detailed directives would not apply.

Hetalben Rabari, police sub inspector (PSI) at Matar police station and one of the accused, has reportedly put in an an “unconditional apology” in her affidavit, while adding that “even if the allegations…are tilted to be correct, the same were resorted to only with a view to deal with the petitioners in an efficient manner and to control the law and order situation and further to prevent any kind of communal riots”.

The affidavit filed by the Gujarat police may be read here.

Related:

Where 4 Muslims were publicly flogged by cops, 39 others live in ‘exile’: Gujarat, Kheda

Kheda public flogging: Gujarat HC issues notice to police, Muslim victims seek action

Kheda police flogging: Victim-Accused files private complaint, court directs police to conduct probe

Kheda flogging incident: Assailant identified as cop, colleagues helped him beat four men

The post In Affidavit to High Court, Kheda SP defends policemen who publicly flogged Muslims: Gujarat appeared first on SabrangIndia.

Image Courtesy: livelaw.in

The Gujarat government has found 5 police personnel  including a police inspector, prima facie guilty in flogging some persons accused of stone pelting at a garba event in Kheda, in October last year, reported LiveLaw.

A plea was filed by a Muslim family seeking contempt action against these policemen for beating up the accused in full public view and also recording the same and circulating it on social media.

In the plea, it was alleged that the policemen had flouted the guidelines and directions issued by the Supreme Court in the case of D.K. Basu V/s. State of West Bengal [(1997) 1 SCC 416] whereby the court  had issued guidelines to check abuse of powers by the police. Detailed analysis of DK Basu judgement may be read here.

Government pleader Mitesh Amin informed the court that in an inquiry ordered by the IG, the 5 policemen were found prima facie guilty. The court pointed out that the inquiry ordered by the Magistrate has still not been completed even after 4 months and directed that the same be completed. The court has also asked for papers related to the investigation to show if contempt is made out against them.

When the government pleader argued that the accused stone pelters had pre-planned to disrupt the garba event, the court refused to delve into “peripheral issues” while dealing with contempt proceedings.

The court has posted the matter for February 21.

The illegal police action was after a communal clash in Undhela village in Kheda, Gujarat. Some persons had allegedly pelted stones at a garba event. One of the petitioners, Maksuda banu, a senior citizen, alleged that the Police entered her house at night in the absence of a woman constable, beat her up, and put her and her family members in illegal detention at the Police station, reported Livelaw.

In such a case, primarily the following sections of IPC would get attracted: sections 166 [Public servant disobeying law, with intent to cause injury to any person]; 220 [Commitment for trial or confinement by person having authority who knows that he is acting contrary to law]; 330 [Voluntarily causing hurt to extort confession, or to compel restoration of property] and 331 [Voluntarily causing grievous hurt to extort confession, or to compel restoration of property]. Further, section 55A [Health and safety of arrested person.—It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused] of CrPC also stands violated.

The police then brought the accused back to the village and tied them to the pole and beat them up brutally.

Related to this incident, News18 India had aired a show called “Desh Nahin Jhukne Denge Aman Chopra के साथ” on October 4, 2022 whereby the host Aman Chopra was seen cheering the Gujarat Police for beating the men publicly. The host started the show saying, “Aapko Gujarat Police ka Dandiya dikhate hai (We will show you Dandiya played by Gujarat Police)”. Then he cheered them more as the beatings continued and the victims, visibly pained and begging for mercy saying, “please forgive us”. The host then goes on repeatedly, “Gujarat Police ne unnke saath dandiya khela (Gujarat Police played dandiya with them)” and “Gujarat police ne unka ilaaj kia (Gujarat police cured them)”.

Citizens for Justice and Peace (CJP) has filed a complaint with the News Broadcasting & Digital Standards Authority (NBDSA) against the channel for this act and more of a divisive narrative throughout the show.

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THE LAST LEG OF THE DK BASU JUDGEMENT: AN ANALYSIS

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Citizens for Justice and Peace (CJP) hassent a notice to News18 India, complaining over the inflammatory and contentious contents of its debate show “Desh Nahin Jhukne Denge Aman Chopra केसाथ” aired on October 4, 2022 hosted by Aman Chopra. This is not the first instance where CJP has raised concerns about a show hosted by Chopra. In January this year, CJP had complained against the show where as a pre cursor to UP elections, Hindu voters were pitched against Muslim voters in a bid to create a communal divide. Apart from Indian law, the contents of the show violate the code of ethics of the News Broadcasting Digital & Statutory Authority (NBDSA).

The complaint outlines how, through the entire “debate”, the members of the panel brought into question not just the various principles of Islam as a religion but also mocked speakers belonging to the Muslim community by asking them to hail Hindus gods on national television.

The show started with the host visibly cheering the Gujarat Police for beating men publicly with a stick for allegedly having pelted stones at a garba (festive dance) event. The host says, “Aapko Gujarat Police ka Dandiya dikhate hai (We will show you “Dandiya”  played by Gujarat Police)”. Then he goes on to cheer them more as the beatings continue and the victims, visibly pained and begging for mercy saying “please forgive us”. He was clearly encouraging such brute and unlawful acts. An inquiry has now been set up by Gujarat Police against the two policemen seen indulging in the beatings.

The complaint points out certain problematic tickers that kept running throughout the show repeatedly:

“hamare garba me tumhara kya kaam hai” (What have you got to do with our Garba)
“Garba par pattharbaji – apradh ya jihad? (Garba and stone pelting – Crime or Jihad?)

“garba me zyadatar Muslim Naam badalkar kyu aate hai (Why do so many Muslims change their identity to play garba)”

“Muslim ilaakon me aayojan kyu nahi (Why is [garba] not organized in Muslim localities)

“Toh Muslim betiya shamil kyu nahi hoti (why do muslim girls not participate [in garba]

“Mazhab chipayenge ab patthar bhi barsayenge? (Hiding their religion, now pelting stones too?)

The complaint further states, “There is no iota  of doubt that the intention of the host was to incite Hindus against the Muslim by questioning why Muslims should get involved in garba celebrations, by justifying the unlawful police action of flogging Muslim men publicly, by picking one or two incidents to show that Muslims are acting against Hindus by stone pelting or by entering garba celebrations to eve tease Hindu girls, by posing baseless questions like why Muslim girls do not celebrate garba.”

News18 India has 14.9 million subscribers on YouTube and the channel has a reach though national television as well. The video itself has more than 3 lakh views on Youtube alone with more than 1,000 people having commented on the show with their versions of equally inciteful messages in the comment section on Youtube.

The complaint highlights that the show violates the many guidelines issued by the News Broadcasting Digital and Standards Authority (NBDSA) as also its Code of Ethics.

The complaint may be read here:

Related:

Cjp Moves Nbdsa Against Times Now’s Virtual Media Trial Of Teesta Setalvad
Cjp Impact: Nbdsa Directs News18 To Take Down Video Of Show About Bombs Hurled At Wb School
Cjp Impact: Nbdsa Directs Zee News To Take Down Video Of Communal Show On Population Control

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A day after 10 persons, who happened to be Muslim were arrested following a case of ‘rioting’ during a garba (dance) event at Undhela village of Matar taluk in Gujarat’s Kheda district, the Gujarat police has ordered an inquiry into video clips purportedly showing policemen flogging at least five persons, who were arrested in a rioting case, in full public view. This was reported by the Deccan Herald today. The minister of state for Home, Harsh Sanghvi has kept completely silent on the reportedly unlawful action of the Gujarat police.

The videos show villagers cheering for the policemen as they thrashed the men one by one. Widely circulated on social media platforms, the videos have attracted criticism from all quarters. “We have ordered an inquiry after taking cognisance of the videos,” Director General of Police Ashish Bhatia reportedly told the DH. This partisan and unlawful behaviour of the Gujarat police comes fast on the heels of their inaction against extra-constitutional outfits like the Vishwa Hindu Parishad (VHP) and the Bajrang Dal (BD) forcibly ‘preventive’ participation of all communities, especially Muslims, in the celebrations over the past 10 days.

The shocking incident of the police reportedly taking law into their own hands took place on Tuesday, October 4,  in Undhela village of Matar taluk, in central Gujarat’s Kheda district, a day after local police arrested 10 persons from the Muslim community following a case of rioting during garba event in the village.

Rajesh Gadhia, Kheda District Superintendent of Police, while saying that he was looking into the video, explained that it started with village sarpanch Indravadan Patel, as part of his “mannat” (pledge) organising garba on the occasion of Ashtami (8th day of Navratri) at the village temple, which shared its wall with a mosque.

“Normally, the garba is organised at a different place in the village, but for one day it was being held at the temple as pledged by the sarpanch. There were over 250 people, mostly women. However, some people from the other community objected as it was adjacent to the mosque. Initially, it was just a heated argument, but it turned into a brawl. Stones were thrown and many, including five-six women, were injured. A police team was also attacked,” Gadhia told DH.

Gandhia added that the FIR named 43 persons and a mob of hundreds of people. In their initial action taken by Tuesday morning, the police arrested 10 persons, all from Muslim community, and brought them back to the village where they were publicly beaten up. The shocking video shows two men in plain clothes holding the arrested men, one by one, by their arms, tied to an electric pole, and another man, in plain clothes, beating them from behind. The videos, shared widely, also showed a group of men, women and children watching, clapping and shouting “Bharat Mata ki Jai”.

Commenting on the incident, minister of state for home, Harsh Sanghvi said: “This was an attempt to disturb a religious festival by a certain kind of people. Some anti-social elements tried to break the peace. I want to say that in Gujarat anyone who abides by the law will not be troubled (Kayda ma rahshe to fayda ma rashe).” Conspiciously the minister who takes an oath under the Indian Constitution made no mention, leave aside criticise the blatantly illegal and unlawful action of the Gujarat police.

One of the MLAs from Congress party objected to the police action and tweeted: “The accused were tried to a pole and were flogged by police in public while villagers clapped. Only the courts have the right to punish (the) accused, not the police. They shouldn’t have taken the law into their own hands.”

Related:

When Navratri’s joyous Garba dance becomes a garb for exclusion: Gujarat, MP
No Garba for non-Hindus: Right-wing in MP
‘Check Aadhaar card to keep out Non-Hindus’: Bajrang Dal to Garba organisers

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Support for human rights defender and journalist Teesta Setalvad continues to grow. On June 30, 2022, a newly launched broad-based alliance Solidarity for the Prisoners of Conscience in India gave its statement in solidarity with Setalvad and other dissenters.

As many as 260 rights activists, intellectuals, journalists, and community leaders condemned the arrest of Setalvad, 2002 Gujarat riots whistle-blowers RB Sreekumar, Sanjiv Bhatt (already in prison for over 18 months) and journalist and fact checker Mohammed Zubair.

Hardly a day after the Supreme Court’s judgement on the Zakia Jafri case, the Gujarat police forcibly entered Setalvad’s house, assaulted her and took her into custody on June 25, 2022. Sreekumar was arrested soon after. Pointing out that this was the anniversary of the day Emergency was declared, members said that the action indeed showed Emergency-type ruthlessness.

Regarding the allegations of fabricated evidence, tutoring witnesses and abuse of the process of law, the alliance said the FIR seeks to deter citizens from holding the State accountable.

“What the present government is doing is “Governance by Fear” in its rawest form. On the Emergency anniversary, Prime Minister Narendra Modi and Home Minister Amit Shah have the habit of issuing statements condemning the Emergency as a dark chapter in the history of independent India, one imposed to quell dissent and free voice. But both of them are doing much worse now, and the Setalvad case is a typical example,” said the alliance.

It argued that the arrest of Zubair is further reminiscent of the crackdown on journalists during the Emergency. As such it demanded the immediate dismissal and release of the arrested under the FIR.

Similarly, Bangla Sanskriti Manch, working with Bengali speaking migrant workers voiced solidarity with Setalvad. Her organisation Citizens for Justice and Peace (CJP) had delivered food to thousands of starving workers in Mumbai during Covid-19.

“It is astonishing to think that national politics is becoming so vicious that a real philanthropist and human rights activist has been trapped in a false case and taken in custody. But no Opposition political party has really opposed this ultimate state oppression,” said the Manch in a press release.

It warned that if social workers and activists are unjustly imprisoned for disagreeing with the State, there will be no voice of dissent against state oppression. It condemned the action against Zubair for apparently trying to create communal unrest by spreading false news.

Adivasi rights group All India Union of Forest Working People (AIUFWP) continued to hold demonstrations in villages demanding the release of Setalvad. On June 29, Manikpur, Chitrakoot’s tribal women handed a memorandum to the Sub-District Magistrate to this effect.

Visuals from Madras High Court showed the Democratic Bar Association demanding Setalvad and others release amidst a decrial of the BJP-led government for “bulldozer raj”.

Related:

Release Teesta Setalvad: Adivasi women demand justice for their sister activist
Drop charges against Teesta Setalvad: Human Rights Watch
Nation unites to demand Teesta Setalvad’s release
Human Rights organisations issue statements of support for Teesta Setalvad
First Teesta Setalvad, now Mohammed Zubair!
Teesta Setalvad inspires art from behind bars
After activists, is GoI now targeting farmers?

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On July 28, four policemen were booked over the alleged custodial death of two tribal youths, who were found dead on Chikhli police station premises in Navsari, reported Indian Express. The police had earlier claimed that the boys had committed suicide in the police station.

The two deceased boys, Sunil Pawar and Ravi Jadav, aged 19, were detained on suspicion of vehicle theft on July 20 at Chikhli police station. The next day, their bodies were found hanging with an electric cable attached to a computer system in the computer room, states the news report. The policemen, namely, Ajit Sinh Zala (Police Inspector), M B Kokni (Police Sub-inspector), Shanti Sinh Zala (Head Constable), Ramji Yadav (Police Constable) were suspended earlier, and now they have been booked for murder and relevant sections of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The Navsari DSP Rushikesh Upadhyay told IE that the investigation is being carried out by Deputy Superintendent of Police of Navsari SC/ST cell R D Faldu.

The BJP MLA from Dangs, Vijay Patel, had made representations to the Navsari DSP seeking registration of a case against the four policemen. Congress MLAs Anand Chaudhary, Punaji Gamit and Anant Patel, along with party’s former MP Amarsinh Z Chaudhary Wednesday handed over a memorandum to Mamlatdar of Dharampur Priyanka Patel seeking to book the four police officers, reported IE.

Earlier, the police made claims that the boys had committed suicide. Dangs district observed bandh over the death on July 26 whereby all business establishments and tourist spots in Saputara, Subir, Shamgham, Vaghai Ahwa remained shut.

As per National Crime Records Bureau (NCRB) 2019 report ‘Crimes in India’, Gujarat has the highest number of police personnel arrested (14) for custodial deaths and second highest number of reported custodial deaths (10) in the country. The report pointed out that most people who died in custody in Gujarat were not on remand and the explanation given by Gujarat for this is that the deaths have been caused by suicide, illness or by road accident.

To put a stop to such incidents of custodial deaths, the Supreme Court had in Paramvir Singh Saini vs Baljit Singh (SLP Crl. No. 3543 of 2020), directed installation of CCTV cameras in all police stations across the country and specified positions at which they have to be installed. The detailed judgement may be read here.

In January, Arjan Gadhvi was picked up in a case of alleged house break-in from Samaghogha village by three head constables on Mudhra police station, Kutch. He died under mysterious circumstances allegedly due to the torture inflicted by the policemen in custody. The three policemen Shaktisinh Gohil, Ashok Kannad and Jaydevsinh Jhala, have been on the run ever since and have been declared proclaimed offenders. Reportedly, another villager Harjog Gadhvi who was also beaten up and tortured by the accused, succumbed to his injuries days after Arjan’s death.

During the state’s Assembly session in March, the Gujarat government submitted that a total of 157 custodial deaths have been recorded in Gujarat during the last two years, out of which 70 were recorded in 2019 while 87 custodial deaths took place in 2020. This was a response to a question asked by Congress MLA Niranjan Patel during the Question Hour. The state government also stated that nine police officials, including one inspector, two sub inspectors, two assistant sub-inspectors and four constables, have been suspended in connection with these deaths. Also, cases under IPC 302 have been filed against one police inspector, one police sub-inspector, seven constables, reported IE.

Related:

 SC seeks affidavit from Tihar Jail authorities over police excesses
CCTV cameras in Police stations: SC discontent with Centre, States and UTs
End Custodial Torture: SC’s new comprehensive directions on CCTVs in police stations

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In what is being seen as a possible way to stomp out dissent in the police force, Gujarat Director General of Police (DGP) Shivanand Jha issued a virtual ‘gag-order’ by way of a code of conduct with respect to social media usage by police personnel in the state.

The Indian Express quoted the notification as saying, “The code of conduct will be applicable to all personnel of Gujarat Police using social media for public as well as private use… They should not make any critical comments on the government or police department while using social media related to their duty. They should not post or transmit any service related application, they should not post any personal opinion while using social media for government work (sic).”

The code of conduct also reportedly prohibits policemen from being a part of any agitation or campaign, post any opinion related to government work, post requests related to police service or post anything political or communal on social media.

What triggered the ‘code of conduct’?

This is significant as recently, policemen in Gujarat had reportedly taken to social media platforms like Facebook and Twitter to demand a pay hike. Meanwhile, a case has been registered against three persons; Kamlesh Solanki, Bhojabhai Bharwad and Hasmukh Saxena, for misleading the cops to participate in the campaign.

Speaking to media persons at a press conference in Gandhinagar a day after issuing the code of conduct, DCP Jha justified the need for it saying, “Policing is not an ordinary job, but a service towards society and the country. It cannot be compared with any other government job. If someone works in the department without the feeling of service, they cannot serve the society with the best police model… Police don’t enjoy the same rights as citizens or other government personnel under the Police Forces Restriction of Rights Act, given the extremely strict departmental rules and the nature of job as a discipline force.”

Section 3 of the The Police-Forces (Restriction of Rights) Act, 1966 is reproduced below:

On the subject of the campaign for a pay hike and the charges against the three people who allegedly instigated it DCP Jha said, “Three persons have been detained for misleading policemen at a time when the state and police force are involved in the fight against coronavirus pandemic” He added, “The personnel can seek grievance redressal through proper channels in the department and not on public platforms.”
 

Indian Army bans 89 social media apps

But this is not the first time the social media use of personnel employed in government or public services has been brought under the scanner. In June 2020, the Army had come up with a list of 89 apps, banning army personnel from using them. The Print reported that apps such as TikTok, WeChat, Zoom, and even Facebook, Twitter and Instagram, had been banned. The army had justified the move terming these apps as prejudicial to sovereignty, integrity and national security.

This led Lieutenant Colonel P.K. Choudhary to move Delhi High Court seeking withdrawal of the new policy on the grounds that it was “arbitrary executive action”. On Tuesday, the Delhi HC ordered that proceedings in the matter will be conducted ‘in camera’ after the government lawyer requested it saying it was a very sensitive decision taken by the Army and the inputs cannot be made public. Following this, on directions from the bench comprising Justices Rajiv Sahai Endlaw and Asha Menon who were hearing the case, only lawyers associated with the case were permitted to be on the weblink and everyone else, including media persons were removed, reported Outlook.
 

US Army guidelines for social media use

Meanwhile, in the United States, guidelines for the usage of social media as per the army’s official website (https://www.army.mil/socialmedia/soldiers/) say, “The Army encourages Soldiers and their Families to use social media to stay connected and tell the Army’s story.” However, there is a caveat, “There are security risks and regulations that Soldiers and their Families, especially those new to the Army, must be aware of before posting. Understanding this dynamic is crucial because, as members of the Army profession and family, you are expected to live the Army Values, online and offline. Soldiers and their Families are personally responsible for all content they publish on social networking sites, blogs, and other websites.”

The army guidelines further say, “It is important that all Soldiers know that when they are logged on to a social media platform, they still represent the U.S. Army. Soldiers using social media must abide by the UCMJ at all times, even when off duty. Commenting, posting and linking to material that violates the UCMJ or basic rules of Soldier’s conduct are prohibited, along with talking negatively about supervisors or releasing sensitive information.” Moreover, there are mechanisms to report online misconduct which has been defined as “the use of electronic communication to inflict harm. Examples include, but are not limited to: harassment, bullying, hazing, stalking, discrimination, retaliation, or any other types of misconduct that undermine dignity and respect.”

When it comes to commenting on politics on social media, the army’s official website says, “Soldiers are encouraged to express their opinions of the political process online and offline, as long as they are consistent with the Army values and are not expressed as part of an organized communication campaign and as a representative of the U.S. Army or as a Soldier. Such opinions must be expressed as an individual apart from the military.”

When it comes to participation in political activity, the guidelines are as follows:

Soldiers should be aware of the limitations that exist when it comes to participation in political activity as well as DOD support to political campaigns. You must adhere to the policy in Department of Defense Directive 1344.10 when posting any political content, which includes:

• Cannot participate in any interview or discussion as an advocate for or against a party, candidate or cause.

• Can generally express their personal views on public issues or political candidates via social media platforms much the same as they would be permitted to write a letter to the editor of a newspaper.

• Cannot participate in partisan political activity.

• Can “follow,” “friend,” or “like” a political party or candidate running for partisan office.

• Cannot post links to, “share” or “retweet” comments or tweets from a Facebook page or Twitter account of a political party or candidate running for partisan office. Such activity is deemed to constitute participation in political activities.

• Cannot communicate contemptuous words against the president, vice president, secretary of defense, deputy secretary of defense, secretary of the navy, or governor and legislature of any state in which he or she is located or performing duty in. It’s against federal law for commissioned officers to communicate in this manner.

Protected speech by US police and public servants: Garcetti v. Ceballos

Similarly, when it comes to the use of social media by police personnel and public servants in the US, the matter was visited in the Garcetti v. Ceballos case of 2006, which held, “First Amendment protections apply only to a public official’s speech in a private context rather than during the exercise of his duties.”

Here are the facts of the case as per: https://supreme.justia.com/cases/federal/us/547/410/

A sheriff in the Los Angeles District Attorney’s office misrepresented facts in a search warrant affidavit. When Ceballos, who worked in the office, discovered the misrepresentation, he told the prosecutors who were working on the case. They refused to dismiss the case, even though they agreed that the affidavit was dubious. Ceballos took his information to defense counsel, who subpoenaed him to testify. He later brought a claim against his employer on the grounds that he had suffered from retaliation for cooperating with the defense, which he argued was protected by the First Amendment.

The trial court ruled that qualified immunity protected the district attorneys, but the Ninth Circuit found that it did not apply because Ceballos had been engaging in activity covered by the First Amendment protections on speech regarding matters of public concern.

Anthony M. Kennedy authored the majority opinion held by himself as well as John G. Roberts, Jr., Antonin Scalia, Clarence Thomas and Samuel A. Alito, Jr., stating, “Public employees are not considered to be speaking as citizens for First Amendment purposes if they are making statements pursuant to their official duties. The First Amendment does not protect them from discipline by their employers. In this case, the employee properly received discipline because of his cooperation with the defense, which undermined his ability to carry out his official duties.”

However, John Paul Stevens authored a dissent to this and held, “The majority creates an illusory distinction between speech as a private citizen and speech in the course of employment. The First Amendment may protect a public employee from disciplinary actions based on speech made pursuant to an official duty.”

Three other justices; David H. Souter (Author), John Paul Stevens and Ruth Bader Ginsburg also dissented saying, “While the government has an interest in efficiently implementing its policies as an employer, private individuals and the public also have an interest in preventing official misconduct that causes threats to health and safety. In some instances, those interests will be more important, and when that happens the First Amendment should protect the speech of public employees that is contrary to the policy of their employers.”

Stephen G. Breyer also authored a dissenting opinion saying, “First Amendment protections should apply to public employees when the speech involves a matter of public concern and occurs in the course of ordinary job-related duties when there is a heightened need for constitutional protection and a lower risk of undue judicial interference with government operations.”

Related:

Why social media sites must exercise social responsibility and nip hate speech in the bud

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