HC directs U.P. DGP to apologise to inter-faith couple for arresting them

Government to pay ₹50,000 compensation each to duo within four weeks

The Delhi High Court has ordered the Director-General of Police (DGP) of Uttar Pradesh to apologise to an inter-faith couple, who had eloped against the wishes of the woman’s family, for illegally arresting them.

A Bench of Justice S. Muralidhar and Justice Talwant Singh also ordered the U.P. government to pay a compensation of ₹50,000 each to Sandeep Kumar and his wife Nisha.

“The amount should be paid within four weeks along with a letter written by the DGP of Uttar Pradesh himself, apologising to each of them for the conduct of police officials,” the High Court said.

Disciplinary actions

It also directed initiation of disciplinary actions against three U.P. policemen for illegally arresting the couple from Jawaharlal Nehru University campus here without informing the local police station.

The court also accepted the report of a panel comprising former High Court Judge and former DGP of the Delhi Police. The panel had given detailed suggestions as to the protocol to be followed by the police in the event of an inter-State arrest.

It directed that the report be adopted for implementation by both Delhi and Uttar Pradesh in their respective jurisdictions.

The committee had suggested that in an inter-State arrest, since the arrestee is to be taken out of his State to a place away where he may not have any acquaintance, he may be permitted to take along with him (if possible), his family member/acquaintance to remain with him till he is produced before the jurisdictional Magistrate.

The committee also said the arrested person must be produced before the jurisdictional Magistrate at the earliest, in any case, not beyond 24 hours from the date of arrest, excluding the journey time.

The court’s order came on a habeas corpus plea by Kumar, seeking to produce Nisha before the court in July last. The couple had got married in U.P.’s Ghaziabad in June 2018 as per Hindu customs and rituals after Nisha, a Muslim, embraced the Hindu faith.

After marriage, the couple started living at Kumar’s residence at the JNU Campus in Delhi. While Kumar’s parents had no objection, Nisha’s relatives were unable to reconcile with it.

On a complaint by Nisha’s brother in Loni police station that she had been kidnapped, two police officers — a male and a female — from Loni detained the couple. While Nisha was handed to her family, Kumar was kept in a police lockup for three days and two nights.

The court had questioned how the police officials “so easily come to JNU” and take away the couple, despite Nisha being over 21 years of age, and knowing fully well that she had married Kumar of her own free will.

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Printable version | Feb 25, 2020 5:53:20 AM |

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