The Gujarat High Court on Monday questioned the state police if there exists any provision that allows the public flogging of accused persons, Bar and Bench reported. The court was hearing a case related to five Muslim men being beaten up publicly by the police in Kheda district in October.

On the night of October 3, in Undhela village of Kheda, a group of Muslim men allegedly threw stones at a garba site near a mosque. The following day, five Muslims – Jahirmiya Malek, Maksudabanu Malek, Sahadmiya Malek, Sakilmiya Malek and Shahidraja Malek – accused of being involved in the incident were dragged out in public, tied to a pole and beaten with a stick by the police as a crowd cheered.

Videos of the flogging showed the men being asked to apologise to the public. The five men had then moved the Gujarat High Court, contending that they were among the victims of police violence and demanded action against 15 police personnel.

At Monday’s hearing, the court said that the police did not make a clear statement when asked if the Muslim men had indeed been flogged.

“Either you can say that this was your officer’s duty and if they wouldn’t have done this, then the situation would have gone to some other extent,” the court told public prosecutor Mithesh Amin. “[Or] you can say that the incident didn’t occur at all and the evidence on record should not be considered.”

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However, the public prosecutor refused to make a clear statement and said that the Muslim petitioners have pleaded falsely in the case. He claimed that the Muslims had made a conspiracy to intimidate Hindus in the locality, Bar and Bench reported.

“Some incident took place in that area even during Holi festival,” he said. “This place has been sensitive and sensitivity has flared up there on several occasions. As a part of their conspiracy, they pelted stones to derail the festival of Hindus.”

He also argued that there were discrepancies in the timing of the altercation, the detention of the Muslim men and the time stated in the petition.

To this, the judges said: “Forget the discrepancy in the timing. Can it [flogging] be done but? Can you point out any provision that an accused can be tied up to a pole and beaten with lathis in full public view?”