NEW DELHI: The Supreme Court on Tuesday extended stay on 14 days of jail awarded to four policemen in contempt proceedings for publicly flogging Muslim men by tying them to a pole.
A bench of Justices B R Gavai and Sandeep Mehta agreed to examine their case against the High Court.
The court, however, asked them as to what kind of authorities they exercised to commit the atrocities.
For the police officers, senior advocate Siddharth Dave submitted that his clients were already facing criminal prosecution, departmental proceedings, as well as an inquiry by the National Human Rights Commission.
He questioned the high court's jurisdiction to proceed against them in a contempt case, by claiming that a 'wilful disobedience' of the court's order in the D K Basu case could not be made out.
The bench asked Dave, So you have authority under law? To tie people to polls and beat them?...and take videos?"
The counsel contended that the question was not about culpability of the accused, but the jurisdiction of the high court.
"So, is ignorance of law a valid defence, the bench asked the counsel.
The counsel also asked the high court's findings that the Muslim men were kept in illegal detention for over 24 hours.
He said that this finding is subject to a trial and under contempt jurisdiction, they cannot be prosecuted for an offence.
After hearing submissions, the bench agreed to examine the appeal.
The counsel sought an extension of the high court's order which stayed on its own order in the contempt case.
The bench said, "Enjoy the custody. You will be a guest of your own officers. They will provide you special treatment."
However, upon making of requests by the counsel, the court stayed the contempt proceedings before the high court.
Officers A V Parmar and three others, challenged the HC's order passed under Section 19 of the Contempt of Courts Act, 1971.
The high court had agreed to stay its orders execution for three months to allow the police officers to challenge its verdict.
The high court had charged them with contempt of court, after five of the Muslim men flogged in public view in Gujarat's Kheda moved the court alleging a violation of the DK Basu guidelines on custodial torture.
