2 weeks ago
Gujarat Court Asks Transfer of Surat DCP Over Torture Videos
A court in Gujarat told the police to move a senior police officer to a different city.
The officer is accused of hurting and embarrassing people who were arrested.
Videos on the internet showed police walking arrested people through public streets while hitting them with sticks.
A lawyer asked the court to look closely at these videos.
The court said the officer should not stay in Surat while an investigation is happening.
If he stays, other police officers who saw what happened may be too scared to tell the truth.
The court said treating arrested people this way is never acceptable.
There is even a police rule that bans making arrested people do sit-ups, walk on their knees, or say sorry in public.
The court wants the investigation to be fair so everyone can trust what really happened.
The Gujarat High Court orally directed the state to transfer Rajdeepsinh Nakum, Deputy Commissioner of Police in Surat, over allegations he publicly beat and humiliated accused persons.
Videos allegedly showed Nakum accompanied by 15 to 20 police personnel parading handcuffed accused persons on public roads and assaulting them with lathis.
The court took suo motu cognisance on July 22 following a July 14 representation by Advocate Utkarsh Dave seeking judicial scrutiny of the circulating videos.
The bench said the preliminary inquiry cannot be impartial while the officer remains in Surat, warning that other police officials 'will not speak if he is there.'
Senior Advocate Megha Jani cited a May 12 Gujarat Police circular that prohibits parading, beating with sticks, forced apologies, and other public humiliation of accused persons.
- Who
- The Gujarat High Court Division Bench of Chief Justice Sunita Agarwal and Justice D N Ray; Rajdeepsinh Nakum, Deputy Commissioner of Police in Surat.
- What
- The court orally directed the transfer of the officer over allegations that he beat and humiliated handcuffed accused persons in public, as shown in circulating videos.
- Where
- Gujarat High Court, relating to an incident in Surat, Gujarat.
- When
- The order was given at a Friday hearing; the court took suo motu cognisance on July 22, after Advocate Utkarsh Dave's July 14 representation.
- Why
- To ensure the preliminary inquiry remains independent and impartial, since other police officials may not speak while the senior officer is still posted in Surat.
Key facts
- Court
- Gujarat High Court (Division Bench of Chief Justice Sunita Agarwal and Justice D N Ray)
- Officer
- Rajdeepsinh Nakum, Deputy Commissioner of Police (DCP), Surat
- Allegation
- Parading handcuffed accused persons in public and assaulting them with lathis alongside 15-20 police personnel
- Suo Motu Cognisance
- Taken on July 22 following representation by Advocate Utkarsh Dave on July 14
- Police Circular
- May 12 Gujarat Police circular, issued after a May 7, 2019 order, prohibiting public humiliation of accused persons
- Legal References
- Articles 14 and 21 of the Constitution; D K Basu vs State of West Bengal; 2022 Kheda flogging incident
- State Response
- Government Pleader GH Virk assured action and sought time until next Friday
Quotes
Senior Advocate Megha Jani
Senior Advocate representing the petitioner
“"The least you should do is continue with your preliminary inquiry, but this preliminary inquiry cannot be impartial if he is there."”
indianexpress.com
“"You have to transfer him. The least you must do," the court told the state.”
indianexpress.com
Sources
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