The Delhi High Court on Thursday warned that it will take action against Uttar Pradesh Police for arresting and taking away two persons — the brother and father of a boy who got married to a girl against her family’s wishes — from the Capital without informing Delhi Police.
Justice Mukta Gupta said that such illegal acts are not permissible and will not be tolerated here. “I will call for CCTV. I will direct departmental enquiry if I see U.P. Police arresting from Delhi. I want all CCTV footage and vehicle number. If I see U.P. Police entering, I will take action. We will not permit this. You can’t do illegal acts here,” Justice Gupta cautioned.
The High Court remarked that U.P. Police personnel, who came to the Capital and took away the father and son without intimating Delhi police, “violated the law at every step” which “won’t be tolerated in Delhi”.
‘Illegal custody’
The SHO of Police Station Shamli in U.P., who was present in the court, said they were not aware if the girl was a major or a minor as her mother had not shown them any document to ascertain the age. He also claimed that the arrest was made from Kudhara Bus Stand, District Shamli in U.P.
The court, however, pointed out that the FIR itself clarifies that the girl was 21-years-old. “They can file a case against you [U.P. Police] for illegal custody. The FIR says she was 21 years of age but you arrest the brother and father without ascertaining her stand. If you close your eyes and brains while working, nothing can be done. There is no solution if you and your IO [investigating officer] can’t read,” the judge remarked.
“We will take action against you. She is an adult. She married of her own volition and you go on and arrest...You didn’t get to know about the girl but you got to know about the father-in-law and the brother-in-law?” the judge remarked.
The High Court directed the SHO to submit in an affidavit as to how the two persons, now in judicial custody in U.P., were arrested. The court also directed that the statement of the girl be recorded before a Magistrate here either on Thursday itself or Friday.
The judge also reprimanded the mother of the girl for making a complaint to threaten the boy and asked if she had disclosed the age of her daughter to the U.P. police. “This may be working in U.P., not here. Your crying will not make a difference,” the judge told the mother.
Repeated threats
The couple had told the High Court that they married of their own free will in July, contrary to the wishes of the girl’s family and were now getting repeated threats from them. They said that the father and brother of the husband were taken away by U.P. Police from their residence in Delhi and for more than one month, their whereabouts were not known.
As per Delhi Police no intimation of the arrival of the police from Shamli, U.P. was made at Delhi. The High Court will hear the case again on November 18 when the SHO and the investigating officer concerned are directed to remain present before the court.
