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Ye gundagardi hai: Court to Rajasthan police for forcibly taking away woman

On Thursday, in accordance with court orders, she was produced before the division bench of Justices Vipin Sanghi and Rajnish Bhatnagar.

Written by Sofi Ahsan | New Delhi | Updated: November 27, 2020 2:13:33 pm
Rape by HIV positive man not attempt to murder: Delhi High CourtThe accused was sentenced to 25 years in prison as the sentences were directed to run consequently. (File)

THE DELHI High Court Thursday termed Rajasthan Police’s action of taking away a 26-year-old woman from Delhi against her will as “gundagardi” and directed the state government to take appropriate action in the matter after conducting an enquiry.

A team of Rajasthan Police had Tuesday forcibly taken away Sheena Choudhary from Delhi’s Jamia Nagar, purportedly to record her statement in a case registered there by her father alleging her kidnapping, abduction to compel for marriage and wrongful confinement. Choudhary had earlier told Delhi police her family was forcing her to get married and she left home because of it.

On Thursday, in accordance with court orders, she was produced before the division bench of Justices Vipin Sanghi and Rajnish Bhatnagar.

Addressing a team of Rajasthan police during a virtual hearing of the petition seeking her release, the court questioned them for taking her away like an accused and reminded them the statement could have been registered in accordance with the law in Delhi. “She was not a minor. She is educated,” the court said, adding, “Ye gundagardi hai; police ka kaam nahi hai”.

Calling police action of forcibly taking her away from NGO ANHAD’s office in Delhi as unjustified, the court said appropriate action would have been to produce her before a local magistrate here.

Choudhary told the court that when she saw her uncle and police officials Wednesday, out of fear she started running in the bylanes of the locality where she was, and was suddenly pushed into a car by a male police officer when she reached the main road. She told the court the officer came with open arms and was not in uniform. She further said her phone was taken away and the police team consumed liquor on the way to Dholpur.

The court said if the allegations are true, they raise very serious issues with regard to the working of the police force, and called for an investigation and appropriate action. The court said it was not open for the male police officer to forcibly push a woman into the car: “She was not an accused but is stated to be a victim.”

She also told the court that she wants to keep in touch with her family on her own terms. Her father earlier told the court that everyone in their family is well educated and they have encouraged their children to pursue higher studies. His daughter has not been able to communicate properly to them about the issue of marriage, he said.

However, Choudhary told the court she has said it hundred times. The court told her father she is a responsible daughter and they cannot use force against her.

The court directed Delhi Police to drop her at the residence of an activist, as per her wishes, and also asked her family not to contact her.

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