Gujarat High Court Takes Suo Motu Cognisance of Police Flogging, Public Parading of Handcuffed Accused in Surat
The Gujarat High Court has intervened in a case of alleged police brutality in Surat, taking suo motu cognisance of incidents where handcuffed accused were reportedly flogged and paraded in public. The court's action follows a representation by advocate Utkarsh Dave on July 14, who urged Chief Justice Sunita Agarwal to examine videos circulating on social media that depict what he termed a 'disturbing and shocking' violation of constitutional guarantees.
The videos, which have been widely shared, allegedly show Surat Deputy Commissioner of Police Rajdeepsinh Nakum, along with 15 to 20 police personnel, leading handcuffed individuals through public roads while repeatedly striking them with lathis. The representation claims that the accused were 'dragged by their hair, slapped and beaten in full public view under the supervision of senior police officers.'
In response, the High Court has arrayed the Secretary of the Home Department as the respondent in the matter, directing the state to present its position on the allegations. The court's suo motu action underscores the seriousness with which it views potential breaches of fundamental rights, particularly the right to life and dignity under Article 21 of the Constitution, and the prohibition against cruel or degrading treatment.
Legal experts note that public parading of accused persons, especially while handcuffed, can amount to humiliation and a stain on the presumption of innocence until proven guilty. The Prevention of Torture Act, 2021, also outlaws such treatment by law enforcement. The High Court's decision to take cognisance without a formal petition highlights the judiciary's role as a guardian of constitutional values.
The matter is likely to be heard in the coming days, with the court expected to seek a detailed report from the police and the state government. The outcome may set a precedent for accountability in cases of alleged police excesses.
