Kheda flogging case: Victims reject settlement offer, all eyes on Gujarat High Court verdict on October 19

The victims of the flogging incident in Gujarat’s Kheda have declined to settle with the four accused policemen who recently requested the Gujarat High Court to have them pay compensation instead of facing punishment, citing potential career repercussions.

Senior advocate Prakash Jani, representing the accused officers, reported to the high court verbally on Monday that despite a positive meeting between the parties, the victims, after consulting their relatives and community members, decided not to resolve the issue.

“We had a very constructive, intensive meeting with senior advocate I H Syed (representing the victims) and his three colleagues. In fact, some of the petitioners were also there and we had parted company on a very very positive note as per my understanding. But thereafter, in spite of the best efforts of the opposite side (representing the victims), I’ve received the message that the clients (victims) have decided after (consulting) their relatives or community persons, not to resolve the issue.” he stated.

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The court noted that the “parties have failed in settlement,” and the complainants do not intend to compromise. A division bench led by Justices A S Supehia and Gita Gopi will deliver the verdict on October 19.

The victims, identified as Jahirmiya Malek (62), Maksudabanu Malek (45), Sahadmiya Malek (23), Sakilmiya Malek (24), and Shahidraja Malek (25), filed a petition against 13 Kheda police officers last year in High Court. They sought compensation and argued that the 15 officers, including Ahmedabad Range IG and Kheda SP, should be “punished for contempt and non-compliance” with the directions issued by the Supreme Court in the case of D K Basu versus the state of West Bengal, which provides guidelines to be followed by the police during arrest and detention.

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The four accused police inspectors are A V Parmar, sub-inspector D B Kumavat, constable Rajubhai Rameshbhai Dabhi, and head constable Kanaksinh Laxmansinh. After an inquiry by a Nadiad magistrate, four of the 13 accused officers were identified from videos and photos of the incident, and the high court framed charges against them under the Contempt of Courts Act.

Last week, the four police personnel argued that the flogging of the complainant victims on their buttocks did not constitute custodial torture and expressed a preference for settling the matter between the parties to avoid potential career consequences associated with punishment under the Contempts of Court Act.