Hitting people on their buttocks with a stick should not constitute custodial torture, four police officers facing contempt of court charges for publicly flogging Muslim men in Kheda district submitted in the Gujarat high court on Wednesday.

Senior counsel Prakash Jani, representing the accused officers, made the submission before the bench of justices AS Supehia and Gita Gopi, contending that the policemen have dedicated 10-15 years to the service, and a guilty verdict and subsequent punishment at this stage would adversely affect their professional records.

Also read: Couple engages in PDA while riding a bike, UP Police imposes hefty fine

The accused Gujarat police officers —AV Parmar (inspector), DB Kumavat (sub-Inspector), KL Dabhi (head constable), and Raju Dabhi (constable) — urged the court to consider directing them to pay compensation to the victims instead.

The police inspector facing contempt of court charges in the Kheda flogging case, A V Parmar, told the Gujarat high court on October 11 that striking the victim on the buttocks with a stick, while unacceptable, does not amount to custodial torture and hence does not invite contempt charges.

“Giving three to six stick blows on buttock of applicants… though not proper and acceptable, it would not constitute custodial torture as to punish Respondent No 2 (Parmar) for contempt of court,” Parmar said in an affidavit.

The other three officers also made similar submissions. All four tendered unconditional apologies.

On October 4, 2022, the accused police officers publicly flogged three Muslim men by tying them to a pole after arresting them on charges of pelting stones at a garba event during the Navratri festival a day ago in Undhela village in Kheda district.

Last week, the court framed charges against the police officers for contempt of court for violating the Supreme Court guidelines in the DK Basu vs the state of West Bengal case, which lays down rules for police’s conduct during arrests and detentions. The officers were directed to submit a written statement in the court by October 11.

After taking the submission made by the accused, the high court called for a response from the complainant Muslim men on the plea of the police officers, and adjourned the hearing till Monday.