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.

A special CBI court has sentence 30 people found guilty of their involvement in the Vyapam scam to 7 years in prison. One more convict has been sentenced to 10 years imprisonment.

Those convicted include 12 candidates, 12 imposters and 7 middlemen. The scam goes back to 2013 when people were caught cheating using impersonation in a police recruitment exam. It is alleged that the scam took place with the blessings of some of the most powerful people in the administration.

While six imposters were caught at the Bhopal exam center, 6 others were caught at the exam center in Datiya. They were charged for cheating and forging documents under sections 419, 420, 467, 468 and 471 of the IPC.

Most of the convicts hail from Bhind, Morena, Gwalior, Bhopal and Datiya. They were sent to Centra Jail directly from the court. Rahul Pandey, Ashish Kumar Pandey, Kulvijay, Abhishek Katiyar, Suyash Saxena, Prabhakar Sharma, Niraj a.k.a Tinku, Anil Yadav, Ajay Sankervar, Dharmesh Sahu, Phulkunwar, Devendra Sahu, Ajit Chaudhry, Bhupendra Singh Tomar, Santosh Sharma, Chandrapal Kashyap, Panjab Sahu, Ravishankar, Navis Jatav, Arun Gurjar, Udaybhan Sahu, Danish Dhakar, Antandar Sahu, Prithvendra Sahu Tomar, Sudep Shara, Ajay Pratap Sahu, Kalyanee Sahu Sikarwar, Gulvinder Singh Jat and Rajveer Singh a.k.a Bunty were ordered to serve a 7 year sentence. Pradip Tyagi was handed a 10-year sentence.

The CBI had filed a chargesheet in April 2017. The prosecution produced 91 witnesses to support their case.

However, this victory came at a steep price. Close to 40 people connected with the case ended up losing their lives. These include Namrata Damor, a young woman who was found dead near railway tracks in Ujjain district. Aaj Tak journalist Akshay Singh also died under mysterious circumstances after contacting Damor’s parents. Singh reportedly started frothing at the mouth while waiting outside Damor’s parents’house in Meghnagar in Jhabua district. Former Madhya Pradesh governor Ram Naresh Yadav’s son Shaliesh was also found dead under mysterious circumstances.

Related:
Is Vyapam Mega-Scam Being Whitewashed?
CAG report exposes lapses in Vyapam

The post Vyapam scam: 31 found guilty appeared first on SabrangIndia.