UP main chalta hoga, yahan nahin:

Delhi High Court had pulled up UP Police for registering a kidnapping case against a Delhi family and for making arrests in the case without informing Delhi Police.

Delhi High Court (File)

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.https://2889343616bb0dd12483f6ee402446b5.safeframe.googlesyndication.com/safeframe/1-0-38/html/container.htmlTop News Right Now

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.

The Delhi High Court on Thursday slammed the Uttar Pradesh Police for arresting the kin of a man who had married a woman without the consent of her family. The couple, who were both adults had earlier moved the High Court earlier this month, saying that they married of their own consent in July, contrary to the wishes of the girl’s family, and were now getting repeated threats from them.

The father and brother of the man were then arrested by the UP police, and for more than one month, their whereabouts were not known.

“You can’t do illegal acts here,” Justice Mukta Gupta said, who had earlier sought the personal presence of the SHO from the concerned police station in UP. “I will call for CCTV. I will direct departmental inquiry if I see UP Police arresting from Delhi. I want all CCTV footage and vehicle number. If I see UP Police entering, I will take action. We will not permit this,” the judge added.

The court said the UP Police personnel, who came to Delhi pursuant to an alleged kidnapping complaint by the girl’s mother, ought to have intimated the local police in Delhi and also attempted to trace the girl and ascertain the age as well her wish.   

“When you got to know their address (of the boy), you would enquire (about the girl’s whereabouts) and inform the local police. You can’t take away anyone as per your will. You violated the law at every step. This won’t be tolerated in Delhi,” the court said.

The SHO, who was present physically, told the court that they were not aware if the girl was a major or a minor as the complainant’s 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 UP. 

The court, however, responded that the FIR itself clarifies that the girl was 21 years old.

“They can file a case against you (UP 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’s no solution if you and your IO (investigating officer) can’t read,” it said.

“We will take action against you. She is an adult. She married of her own volition and you go on and arrest. The FIR says she is 21. When she is an adult, you should verify what she wants. You didn’t get to know about the girl but you got to know about the father-in-law and the brother-in-law?” it added.

The court sought an affidavit from the SHO on how the two persons, now in judicial custody in UP, were arrested and directed that appropriate action be initiated given the girl’s stand that she eloped from her paternal house to get married to the man.

“An affidavit will be filed by the SHO PS Shamli indicating as to what efforts were made to trace the petitioner No.1 in Delhi, whose address was also revealed to them in the FIR and if they came to Delhi whether intimation of their arrival was ever made to the local Police Station before taking any further action,” the court-ordered. 

“After you file your affidavit, the court will see what has to be done,” it added. 

The court directed that the statement of the girl be recorded before a Magistrate here either on Thursday itself or Friday. During the hearing, the court 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 UP police. “This may be working in UP, not here. Your crying will not make a difference,” the judge told the mother.  

Delhi police had informed the court that, the man’s family members were arrested by UP police on September 8, concerning a complaint made by the woman’s mother under Section 366 IPC (Kidnapping, abducting or inducing woman to compel her marriage, etc) and no intimation of the arrival of their arrival was made to the local station here.

On October 26, the court had issued notice to the concerned UP police SHO while stating that it was trite law that persons under the jurisdiction of Delhi Police could not be apprehended by Uttar Pradesh Police without intimation to them to local police.

It was “unfortunate” that even without finding the facts and whether the parties were major or minor, arrests were made by the UP Police, the judge had observed. The matter would be heard next on November 18 when the SHO and the concerned investigating officer are directed to remain present before the court.