Gujarat’s in-charge DGP P P Pandey today appeared before the High Court in a contempt of court plea related to a police atrocity case, and apologised for the non-compliance of earlier direction to remain present. At the start of the proceedings today, the public prosecutor requested the court to allow the SP of Devbhoomi Dwarka district to remain present on his (Pandey’s) behalf. The division bench of Justices S R Brahmbhatt and B N Karia however said that Pandey himself must appear in an hour.
The DGP then rushed to the court in the post-recess session. The prosecutor told the HC that Pandey apologised for not complying with the May 3 order asking him and other respondents to remain present and file affidavits. The prosecutor today also sought more time to file reply affidavits; the HC granted time till June 20. The petitioner Bhaiyabha Sumaniya has made Pandey a respondent in an application filed under the Contempt of Court Act, 1971, as latter is the in-charge DGP.
Sumaniya alleges that he was beaten up by the police at the lock-up at Mithapur police station in Devbhoomi Dwarka district in March this year. He had been arrested under sections 504 (intentional insult with intent to provoke breach of peace) and 507 (criminal intimidation by anonymous communication) of the IPC, both bailable offences. On March 6 he was arrested but was presented before the local court on March 8 which granted him bail, he says. He told the local court (judicial magistrate) that police had beaten him. The court ordered medical examination which revealed that he was severely injured. The police brutality was a violation of Supreme Court’s directions in Arnesh Kumar vs State of Bihar and other cases, and hence it is a contempt of the court, he said.
