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Responding to a contempt petition moved before the Gujarat High Court by two Muslim men who accused 33 cops of being involved in their custodial torture and public flogging in Junagadh in June, the cops instead alleged the petitioners abused the process of law and urged the Court that the contempt proceedings against them be dropped.
The petitioners – Jakir Yusufbhai Makwana, 42, and Sajid Kalamuddin Ansari, 36 – have alleged they were tortured in police custody, and flogged in full public view outside the Gebanshah Masjid in Junagadh City on June 16 after violence broke out over demolition notices being issued to five Islamic religious places by the local civic body. They also said that they were verbally abused, terming it as a violation of the custodial guidelines as per the D K Basu judgment of the Supreme Court.
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While two affidavits in replies were filed earlier, one by Hitesh Dhandhalya, deputy superintendent of police at Junagadh, on behalf of himself and 14 other alleged contemnor police officials, and another affidavit filed by ‘A’ division police station inspector Nirav Amrutlal Shah, on behalf of himself and 14 other alleged contemnor police personnel, the 33 accused cops have now filed individual affidavits.
Submitting that the petitioners not be permitted to “have a fishing inquiry for the purpose of finding out whether contempt is committed or not,” the accused cops have alleged that the petitioners are not making specific averments in their contempt petition. The accused have also submitted that the grievance of the petitioners of custodial violence or public flogging is “vague in nature” and is required to be dismissed as the petitioners have not attributed any specific role to any of the accused and that the petitioners are “not sure as to which respondent (accused cop) has beaten them.”
The Court has kept the matter next for November 7 after the petitioners’ side Wednesday sought time to respond to the affidavits by the cops.
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