The Delhi High Court on Tuesday said there was “complete forgery of documents” by Uttar Pradesh police personnel who arrested two residents here without informing the local police and kept them in illegal custody for two days.
Justice Mukta Gupta noted that as per the inquiry carried out by the Uttar Pradesh Police, the call data record of the erring officials revealed that the two arrested persons – who were the brother and father of a boy who got married to a girl against her family’s wishes – were taken away from Delhi to Shamli in UP where they were shown to be arrested after two days and sent to jail following the failure of “talks” between the families.
The judge stated that “laxity” in the investigation was not the same as “forgery” which is an offence and had it not been for the timely intervention, the two arrested persons would be languishing in jail.
“From 6th to 8th (of September 2021), they (arrested persons) were in illegal custody. FIR was registered after they were taken away. It is a complete forgery of documents. A to Z, every document is forged,” the court remarked.
“They should have told Delhi Police. They can’t put people (in custody) and show arrest wherever they want,” it said.
The petitioner couple had moved the high court claiming that they married of their own volition in July last year, contrary to the wishes of the girl’s family, and were now getting repeated threats from them.
During the proceedings, it was revealed that the father and brother of the boy were taken away by UP Police and for more than one month their whereabouts were not known.
Delhi Police had then informed the court that the boy’s family members had been arrested by UP Police in relation to a complaint made by the girl’s mother under Section 366 IPC (kidnapping, abducting or inducing woman to compel her marriage, etc) and no intimation of their arrival was made to the local station here.
Justice Gupta emphasised that when the FIR itself disclosed that the girl in question was a major, the UP Police officials concerned should have first ascertained her will instead of taking action against the boy’s family.
Additional Advocate General for Uttar Pradesh Garima Prashad assured the court that erring officers will not be spared and appropriate action will be taken.
The court closed the case and said that in view of the stand taken by the AAG, no more orders were required to be passed in the matter.
It also appreciated the inquiry undertaken by UP Police and granted liberty to the petitioner boy’s family to take recourse to law against the concerned persons.
On October 26, the court had issued notice to UP Police on the petition while stating that it was trite law that persons under the jurisdiction of Delhi Police could not be apprehended by them without intimation to the local police.
It was “unfortunate” that even without finding the facts and whether the parties were major or minor, arrests were made by UP Police, the judge had observed.
On October 28, the court had pulled up UP Police for the arrests and said that such illegal acts were not permissible and would not be tolerated here.
“I will call for CCTV. I will direct departmental enquiry if I see UP police arresting from Delhi… I want all CCTV footage and vehicle number. If I see UP police entering Delhi, I will take action. We will not permit this. You can’t do illegal acts here,” the court had said.
The court had sought an affidavit from the SHO on the manner in which the two persons, now in judicial custody in UP, were arrested and directed that appropriate action be initiated in view of the girl’s stand that she eloped from her paternal house to get married to the man.
In November, Uttar Pradesh Police had told the court that it has formed a special investigative team to look into the arrest of two city residents and the case against the arrested persons stood closed.
The court was also informed that the responsible officials were suspended.
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