AHMEDABAD: The Gujarat High Court on Friday took a strong view of the alleged public assault and parading of handcuffed accused persons in Surat, observing that the deputy commissioner of police (DCP) concerned must be transferred immediately to ensure an impartial inquiry into the July 14 incident.
A division bench comprising Chief Justice Sunita Agarwal and Justice D N Ray took suo motu cognisance of the incident after receiving a written complaint from lawyer Utkarsh Dave.
The court was informed that video footage showed the DCP and other policemen allegedly parading handcuffed accused persons in public and repeatedly assaulting them.
The state government pleader told the bench that the Director General of Police had taken note of the incident and ordered a preliminary inquiry through the Assistant Commissioner of Police (Crime).
Statements of all persons identified in the videos had also been recorded. However, the Court questioned whether such an inquiry could remain impartial while the senior officer allegedly involved continued in his post.
The court further noted that the alleged assault occurred in a public place, where people witnessed the incident, and videos were subsequently circulated, making the allegations particularly serious.
The issue also brought into focus a May 7 circular issued by the state Home Department following two earlier High Court orders concerning similar police conduct.
The amicus curiae informed the court that the circular expressly prohibits forcing accused persons to perform sit-ups or crawl on their knees in public, kicking or beating them with sticks, making them publicly apologise while holding their ears and folding their hands, forcing them into the ‘murga’ position, or tying them with ropes while handcuffed during investigation.
The circular warns that officers or employees engaging in such conduct would face strict disciplinary action, while senior officers of the concerned area could also be held accountable.
Dave’s representation described the July 14 incident as “disturbing and shocking”, alleging that the accused were dragged by their hair, slapped and repeatedly beaten with a baton while being forced to walk on the road in handcuffs, allegedly under the supervision of senior police officers, including the DCP.
The complaint termed the conduct “wholly inconsistent with the constitutional values” governing police powers in a democracy and alleged violations of Articles 14 and 21 of the Constitution.
It also relied on the Supreme Court’s landmark judgment in D K Basu vs State of West Bengal and the Gujarat High Court’s observations in the 2022 Kheda flogging case, where public assault of accused persons had attracted judicial condemnation.
The matter will next be heard on August 21.