Ahmedabad, Oct 16 (PTI) The Gujarat High Court was informed on Monday that five persons from a minority community who were tied to a pole and publicly flogged in Kheda district last year have refused to accept monetary compensation from four policemen who were found guilty of contempt of court for the act.
The HC said since the parties concerned have failed to arrive at a settlement, and the complainants did not intend to compromise, it would dictate the order on Thursday.
A division bench of Justices AS Supehia and Gita Gopi had in the last hearing directed lawyers from both sides to take appropriate instructions from the complainants after the policemen urged the court that rather than punishing them, they should be allowed to pay compensation to the victims as the charges will affect their career. Prakash Jani, the lawyer for the policemen, submitted before the court that they had a "very intensive, constructive" meeting with some of the complainants and their lawyer I H Syed over the issue. However, despite the best efforts on the part of their lawyer, he said the complainants have decided "not to resolve issues" by accepting compensation after meeting their relatives and community members.
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The court noted that as the parties concerned have failed to arrive at a settlement, and the complainants did not intend to compromise, it would dictate the order on Thursday.
In the last hearing, the court had framed charges against the policemen after finding them guilty under the Contempt of Courts Act for violating the Supreme Court guidelines issued in the case of DK Basu vs. State of West Bengal regarding compliance with the proper procedure before arresting any individual.
The court said they actively participated and flogged the applicants in public after tying them to a pole. As per the case details, during the Navratri festival on October 4 last year, some villagers and policemen were injured after a mob comprising members of the Muslim community allegedly hurled stones at a garba event at Undhela village in Kheda district. Videos purportedly showing police personnel publicly flogging three of the 13 arrested accused went viral on social media.
Later, five accused approached the HC claiming the police personnel involved in the act had committed contempt of court by flouting the Supreme Court's directions on making arrests.
As part of its 1996 landmark judgement, the apex court had issued a set of guidelines to be followed in all cases of arrest and detention.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)













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