The Delhi High Court on Thursday slammed the Uttar Pradesh Police for arresting two men for alleged kidnapping in connection with a case where a woman eloped with a man from Delhi, and said that such “illegal action” will not be tolerated in the national capital.
The court made the observations during the hearing of a petition of a couple who stated that they got married on July 1, 2021 out of their own free will. The woman’s parents are against the marriage and have been alleged repeatedly threatening them. The father and brother of the man were taken away by UP Police from their residence on the intervening night of August 6 and 7, and their whereabouts are not known, the couple told the court in the petition.
“Ye kaam na yahan Dilli main nahi chalega, illegal kaam koi bhi, ki aap aaye Dilli se loug utha dein aur keh dein hum ne toh Shamli se uthaya tha aur arrest dikha dein. Ye hum na yahan nahi chalne denge (This will not work in Delhi, this illegal action that you come to Delhi, pick up people and then show arrest from Shamli. We won’t allow this here),” Justice Mukta Gupta told the UP police officials present before the court.
The court also said that the UP Police has violated the law at every step. It added that no illegal activity will be permitted and that the police will have to act in accordance with law.
“Agar aap bilkul aankh band karke aur dimag band karke kaam karte hai, hamare pass koi ilaaj nai. Aap ek baar jab Dilli aayenge, intimation local thane ko denge, uske baad karwaye karnege? Apni marzi se uthake kisiko nai lejaskete … Yahi kanoon kehta haina? Har step pe kanoon pe violate kiya. Ye cheez Dilli main bardasht nai karenge,” added the court.
According to Delhi Police, UP Police informed them that the two men were arrested in a case registered under Section 366 IPC on September 06 on the complaint given by the woman’s mother. They were arrested from Kudhana Bus Stand, District Shamli, U.P on September 08, according to the UP Police. While Delhi Police told the court that no intimation of the arrival of the police from Shamli, U.P. was given to them, the Delhi family has told the court that the two men were taken away from their residence here.
The court questioned the UP Police for not verifying the age of the woman before proceeding further in the matter. “Did you ask whether the girl is major or not? If she is major, will her will prevail or her parents. When you investigate, you don’t ask the complainant? Start arresting the accused?” it asked.
Asking the police to reveal the true facts about the place of arrest, the court warned it that it will get CCTV camera recordings of the route. “Aap ne tou Khudana dikhaya hai, main na saare CCTV nikalwa lungi and agar mujhe mil gaye ki Shamli police Dilli aayi thi, mai aap sab k khilaf departmental enquiry start karwadungi,” said the court.
The court also expressed shock at how the police did not reach out to the woman but rushed to arrest his husband’s father and brother. It also pointed out that the FIR mentions that the woman is 21-years-old and not minor. “Agar aapko aur aapke IO [investigating officer] ko file padni nai aati, tou mere pass iska koi ilaj nai hai,” said the court.
Directing the police to forthwith record the statement of the woman, the court said it will not allow her to be taken out of its jurisdiction. “Aap wahan (UP) lejake harrass nai kar sakhte. Main unko yahan Dilli ki jurisdiction se nai jaane dungi,” said the court.
The hearing in the case will resume in the afternoon session.
Pulling up UP Police for registering registered the case in the matter and for making arrests in the case without informing Delhi Police, the court on Tuesday had asked SHO of Police Station Shamli, UP to remain present before it on Thursday along with the case file. The officers were presented before the court on Thursday.
“One fails to understand when [the woman] is major and has left her parental home of her own free will and married to [the man] how an offence under Section 366 IPC and consequential offence under Section 368 IPC is made out. It is unfortunate that even without finding that [the woman] was major or minor and without finding correct facts from her, arrests in the FIR in question have been made,” said Justice Gupta in an order dated October 26.
The court said that it is “trite law” that the father and brother of the man could not have be apprehended by UP Police and taken from Delhi without informing Delhi Police.