Delhi HC Requests Updated Report from Rajasthan Police Regarding Alleged Illegal Arrest of Two 'Minors'?

Synopsis
Key Takeaways
- Delhi High Court demands accountability from Rajasthan Police.
- Concerns raised over the treatment of minors in custody.
- Importance of adhering to legal protocols in inter-state arrests.
- The case highlights the need for transparency in law enforcement.
- Upcoming court date set for further review of the situation.
New Delhi, Oct 1 (NationPress) The Delhi High Court has instructed the Rajasthan Police to submit a revised status report along with an inquiry into the alleged unlawful detention of two "minor" boys, who were arrested in Delhi and subsequently taken to Rajasthan in connection with a theft and trespass incident.
A panel of Justices Jyoti Singh and Anish Dayal was reviewing a habeas corpus petition filed by street vendor Kapoori Bai, who claimed that her son, aged 15, and a relative's son, aged 17, were forcibly taken by unidentified individuals in civilian clothing from Dussehra Park in Janakpuri on September 26.
As per a status report submitted by the Rajasthan Police, the two were arrested on September 29 and presented before a magistrate in Ajmer the following day.
The report also indicated that both individuals underwent a medical examination at Ajmer's Government JLN Hospital, which confirmed they are over 19 years old.
The Justice Singh-led bench was further informed that an investigation had been initiated against police officials for procedural errors during the inquiry.
In its ruling, the Delhi High Court noted the petitioner's claims that the "minors" were held in illegal custody for almost four days, without informing either the Delhi Police or their families at the time of the inter-state arrest.
The petitioner's attorney argued that the medical examination was conducted poorly, relying solely on X-rays instead of following established procedures and medical jurisprudence. He also emphasized that the status report did not address violations of Article 22(2) of the Constitution and the Delhi High Court's guidelines regarding inter-state arrests.
After considering the arguments, the Delhi High Court remarked: "After thorough contemplation of the parties' submissions and upon reviewing the status reports submitted by both the Delhi and Rajasthan Police, we believe the issues raised by the petitioner, particularly regarding the inter-state arrest, unlawful apprehension, and detention, require attention."
The court instructed the Delhi Police to preserve the CCTV footage from the area in the national capital where the two "minors" were allegedly taken.
"Insp. Ashu Girotra, SHO, PS Hari Nagar, is ordered to submit the CCTV footage on a pen drive along with still images from the relevant section of the footage, in a sealed envelope, to this court. This footage must be retained until further court orders," the directive stated.
Simultaneously, the Justice Singh-led bench clarified that the ongoing writ petition would not prevent the accused from seeking legal recourse in Rajasthan.
"The petitioner/accused individuals may pursue appropriate legal remedies available in law before the competent jurisdictional court, should they choose, and the pending status of this case will not impede their efforts," the ruling stated.
The matter is scheduled for discussion before the Roster Bench on October 8.
On Tuesday, the Delhi High Court acknowledged the remarks made by the standing counsel (criminal) for the Delhi government, Sanjay Lao, indicating that the Delhi Police was not informed prior to the arrests executed by the Rajasthan Police.
Given the sensitivity of the issue, especially as the family members are associated with Deva Pardhi, who died under alleged custodial violence in July, the Justice Singh-led bench ordered a comprehensive report to be filed, signed by the Superintendent of Police, Ajmer.
"We believe a detailed status report must be submitted by the Standing Counsel, State of Rajasthan... considering that S and the Petitioner are relatives of Deva Pardhi, it is mandated that the status report be filed under the signature of Ms. Vandita Rana, SP, Ajmer, Rajasthan," it instructed.