Cong man alleges custodial torture, Guj HC seeks cops' reports

As per the petitioner, on May 20, he went to Rajkot "to hand over agricultural produce for the said (PM Care Fund) which the present dispensation thought of as offending". He was arrested along with others by Rajkot police under section 188 of the IPC in view of restrictions due to coronavirus pandemic, and released on bail at 2 pm on the same day, he said.

The Gujarat High Court has sought a report from the Rajkot police commissioner on the status of complaints filed by a Congress leader alleging custodial torture after being arrested on the way to the collector's office there to hand over agriculture produce as a contribution to the the PM Cares Fund. The division bench of Justices Sonia Gokani and NV Anjaria was hearing a contempt of court plea moved by Gujarat Congress Kisan Morcha president Palbhai Ambalia against two police officers.

The bench sought in writing details of the outcome of the complaints made by him to concerned authorities against the alleged torture meted out to him on May 20. The court also sought a report from the DCP, which is to be filed by September 22, before it decides on initiating contempt of court proceedings against ACP Jaydeepsinh Sarvaiya and PI Hitesh Gadhvi under the Contempt of Courts Act, 1972, as per a Supreme Court order dated December 18, 1996, in the DK Basu vs State of West Bengal case, it said in an order dated September 17.

The court's order came after the petitioner's lawyer, Anand Yagnik, presented facts of the incident and substantiating materials to back his claims of torture. As per the petitioner, on May 20, he went to Rajkot "to hand over agricultural produce for the said (PM Care Fund) which the present dispensation thought of as offending".

He was arrested along with others by Rajkot police under section 188 of the IPC in view of restrictions due to coronavirus pandemic, and released on bail at 2 pm on the same day, he said. He was again placed under arrest under section 151 of the IPC, and around 6:30 pm on the same day, a team of police personnel from the Special Operation Group (SOG) took him to the premises of the Rajkot police commissioner, where he was held against a tree, abused and thrashed on his buttocks and legs by ACP Sarvaiya and PI Gadhvi, the petitioner said.

The two police officers threatened to kill him in an encounter if he ever headed towards Rajkot from Devbhumi Dwarka, his home district, again, Ambalia said in his plea. He was then taken back to Pradyumna Nagar police station where his lawyer took pictures of his injuries.

Ambalia has alleged that neither the Pradyumna Nagar police station inspector nor the police commissioner took action on his complaints addressed to them on May 24 and May 26 respectively..

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