Court rejects murder claims against NRI father as ‘figment of imagination’ after missing woman found alive in Canada

Justice Surya Partap Singh held that there was no material requiring any further investigation or the constitution of a special investigation team.

The high court was hearing a petition filed by the woman’s maternal uncle, seeking the constitution of a special investigation team (SIT) to probe the alleged disappearance of his niece. 

‘Only a figment of imagination’

• The high court noted that the investigating agency had verified through passport records, immigration data, statements of relatives and video-call verification that the woman is alive and presently living in Canada.
• The court pointed out that there was no laxity or deliberate inaction on the part of the authorities in not prosecuting the woman’s father for her alleged murder, as the woman was found to be alive.
• The court found that the police had made every possible effort to trace her whereabouts, including verifying her travel history and facilitating video calls during which she was identified by close relatives.
• According to the court, the allegation that the woman had been murdered by her father and other accused persons was merely a “figment of imagination” of the petitioner.
• Dismissing the plea, the court held that there was no material requiring any further investigation or the constitution of an SIT.

Missing since 2013 

It was claimed by the petitioner in his petition that the marriage of his sister was solemnised with a man in 1978 and they later had a daughter. 

According to the petitioner, in 1985, his brother-in-law settled in Germany, where he solemnised a second marriage with another woman without any information to his former wife and daughter.

The petitioner further alleged that when his sister came to know about the said marriage, her relationship with her husband became sour. 

The petitioner alleged that in October 2012, his brother-in-law got his niece married without informing his sister or her parental family. A few months later, in January 2013, it was claimed that the petitioner’s sister and his niece allegedly went missing. 

Following a complaint lodged by the petitioner’s father, a missing report was registered, which was later converted into an FIR for murder in relation to his niece’s disappearance. 

The petitioner further alleged that once the FIR was lodged half-heartedly, a lopsided investigation was conducted by the police and for nine years, his brother-in-law and other co-accused could not be arrested and, therefore, they were declared proclaimed offenders. 

The petitioner alleged that no efforts were made by the police either to trace out his niece or to prosecute his brother-in-law and the other co-accused for the murder of her niece. 

Hence, he filed the present petition seeking a direction to submit a status report in the matter, or a direction for constitution of a ‘special investigating team’ of senior police officers posted outside the district of Ludhiana. 

No trace for 13 years 

Appearing for the petitioner, Senior Advocate Jasdeep S Gill argued that simply because the culprits are NRI wealthy people and they were having fiduciary relationships being father and cousin of the missing girl, no action was taken by the police. 

It was added that the same lacklustre attitude of the investigating agency is continuing, and despite the lapse of more than 13 years, neither the whereabouts of the missing girl were traced nor the culprits have been prosecuted for her murder. 

It was further contended that instead of performing their statutory duty and tracing the missing girl, the police have been believing a theory which any common person of normal prudence will not believe. 

Video-called the woman

Deputy Advocate General J S Thind pointed out the immigration records showing that the woman had travelled from India to Canada and also relied on statements of two of her close relatives, who identified her during a video call conducted in the presence of police officials.

He added that this incident proved that the petitioner has generated an altogether false story concerning the murder of his niece. 

It was added that the fact that the woman is still alive stands proved in view of the fact that she got issued a passport in her own name and went to Canada.