‘Least you must do’: Gujarat High Court asks for cop’s transfer over torture

The Gujarat High Court has directed the state to transfer a senior IPS officer serving as Deputy Commissioner of Police in Surat, citing concerns that his continued presence could tarnish an ongoing inquiry into allegations of public humiliation and assault of accused individuals. Chief Justice Sunita Agarwal and Justice D N Ray, in a Division Bench, made the order after Deputy Commissioner of Police (DCP) Rajdeepsinh Nakum's continued presence was brought to their attention.

The officer is accused of parading handcuffed accused persons on public roads and assaulting them with lathis, as alleged by Advocate Utkarsh Dave. The court expressed dissatisfaction with the officer's continued presence at his post despite the initiation of an inquiry. It stated that the preliminary inquiry should continue, but not if Nakum remains in his position, as his presence would prevent the investigation from being impartial.

The court also noted that witnesses, who might speak out against the officer, would be reluctant to do so if he remained in his post. Senior Advocate Megha Jani argued that the Gujarat Police circular issued in May 2019, which prohibits such treatment of accused persons, was particularly relevant to the allegations. She claimed that the circular, passed on May 7, 2019, explicitly prohibits humiliating or assaulting accused persons in public.

The court emphasized that the officer should be transferred and that exemplary action should be taken against him, as this is the first time the Court has taken action against an IPS officer for such conduct.