The Gujarat High Court has recently admitted a public interest litigation (PIL) filed by Lok Adhikar Sangh and Minority Coordination Committee, demanding action against policemen allegedly involved in the flogging of individuals from a minority community in Junagadh, Saurashtra.
The flogging incident occurred following a clash triggered by the serving of a demolition notice to a dargah (shrine) in the area. The PIL highlights claims of police brutality and human rights violations.
The division bench, comprising Acting Chief Justice A.J. Desai and Justice Biren Vaishnav, has scheduled the hearing for Wednesday after admitting the PIL. The petitioners, Manoj Shrimali and Mujahid Nafees, represented by Advocate Anand Yagnik, state that not only were several members of the minority community publicly beaten, but their homes were also ransacked by the police as a form of revenge for the stone pelting incident, which had resulted in injuries to some policemen.
The petitioners seek a thorough inquiry into the incident by either the Principal and Sessions Judge of Junagadh or a senior judicial officer. Alternatively, they propose an investigation by a team of IPS officers not affiliated with the Junagadh police or district. The PIL asserts that due process of law was not followed and condemns the actions of the police as a violation of human rights.
A video of the incident went viral, further drawing attention to the case. The petitioners clarify that they are not justifying any form of violence or rioting but are specifically challenging the public flogging and custodial violence carried out by the police. They argue that public flogging is illegal, violating constitutional rights such as equality, freedom, life, and liberty (Articles 14, 19, and 21 of the Constitution of India) and potentially leading to contempt of court proceedings.
In light of the PIL, the petitioners urge the high court to direct the Gujarat government to take appropriate action, including the registration of an FIR against the police personnel involved in the flogging and custodial violence. They also seek exemplary compensation for the victims and the formation of an unbiased team of IPS officers to investigate the incidents in Junagadh.
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