Placating minority community? Cops 'assault minors' following stone throwing in Surat

By Mujahid Nafees*

A troubling incident has emerged from Surat city, Gujarat, involving the alleged brutal assault of individuals by police officers. The official Twitter account of the Surat City Police reported that they detained those who reportedly disrupted the peace by throwing stones at an idol in the Variavi Bazar area.

Assuming the accuracy of reports regarding the stone-pelting event on the night of September 7th, which allegedly involved Muslim minors, the subsequent violent actions taken by police cannot be justified, particularly as they seem aimed at placating the sentiments of the city's majority population.

After the stone-throwing incident, the police swiftly detained the minors, leading to a gathering of a large mob demanding severe punishment for the accused. This response escalated communal tensions, with the mob reportedly launching stones at police, causing widespread outrage and damage to multiple vehicles.

A video shared by the Surat City Police displays the accused being led away from their homes without apparent issues, yet later footage reveals them struggling to walk after their time in police custody, strongly suggesting they suffered severe physical abuse.

These actions constitute a clear violation of the fundamental rights enshrined in Article 21 of the Indian Constitution and jeopardize the integrity of a civil and democratic society. No police manual or the Indian Penal Code endorses the indiscriminate use of force against citizens.

The footage indicates that the officers acted with impunity, establishing a concerning precedent that threatens the rule of law. This incident not only represents a grave injustice for the victims but also poses a risk to all citizens who value democratic principles.

The legal framework provides adequate mechanisms for punishing the guilty, including the registration of First Information Reports (FIRs), trials, and possible convictions or acquittals. However, the behavior displayed by the police in this case reflects an outdated, authoritarian mindset, with officers appearing to take the law into their own hands, rather than serving the public.

No resistance was shown during the arrests, and the use of force appears solely intended to demean individuals from a minority community

The decision of some officers to act as both judge and executioner fosters a culture of violence within law enforcement. Both international law, which India has committed to uphold, and national regulations strictly prohibit torture.

The Supreme Court's landmark ruling in D.K. Basu v. State of West Bengal mandates stringent adherence to procedures designed to prevent custodial torture, and the actions of the implicated officers, along with the inaction of their superiors, blatantly disregard this judgment.

It is vital that the officers responsible for the alleged abuse be identified and held accountable. They are bound by the Code of Criminal Procedure and possess no authority to inflict harm or intimidate individuals. The video evidence clearly indicates no resistance was shown during the arrests, and the use of force appears solely intended to demean individuals from a minority community.

Despite ample evidence of police brutality circulating in the public domain, relevant authorities have yet to act, which only underscores the entrenched authoritarian mindset within the police force and a dismissal of the rule of law.

In light of these events, there is a need for appropriate departmental, disciplinary, punitive, and criminal actions against the responsible police officials who have violated the rights of victims and defied the Supreme Court's ruling in D.K. Basu v. State of West Bengal.

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*Convener, Minority Coordination Committee, Gujarat. This article is based on the author's appeal to the chairperson of the National Human Rights Commission (NHRC)

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