Delhi HC seeks updated report from Rajasthan Police on alleged illegal arrest of two 'minors'

New Delhi, Oct 1 (IANS) The Delhi High Court on Wednesday directed the Rajasthan Police to file an updated status report along with an inquiry report into the alleged illegal apprehension and detention of two "minor" boys, who were apprehended in Delhi and later taken to Rajasthan in connection with a theft and trespass case.

A bench of Justices Jyoti Singh and Anish Dayal was hearing a habeas corpus petition filed by street hawker Kapoori Bai, who alleged that her son, 15 and a relative’s son, 17, were forcibly taken away by unidentified men in civilian clothes from Janakpuri’s Dussehra Park on September 26.

According to a status report filed by the Rajasthan Police, the duo were arrested on September 29 and produced before a magistrate in Ajmer on September 30.

The report also highlighted that both accused had undergone medical examination at Ajmer’s Government JLN Hospital, and the medical report confirmed that they are over 19 years of age.

The Justice Singh-led Bench was further informed that an inquiry had been initiated against police officials for procedural lapses during the investigation.

In its order, the Delhi High Court recorded the petitioner’s objections that the “minors” had been kept in illegal custody for nearly four days, and that neither the Delhi Police nor their families were informed at the time of the inter-state arrest.

The petitioner’s counsel contended that the medical examination was conducted in a “shoddy manner” by merely relying on X-rays instead of following proper procedure and medical jurisprudence. He also stressed that the status report was silent on violations of Article 22(2) of the Constitution and the Delhi High Court guidelines on inter-state arrests.

After hearing the submissions, the Delhi High Court said: "Having given our thoughtful consideration to the respective submissions of the parties and on perusal of the status reports filed by the Delhi Police as also the Rajasthan Police, we are of the view that issues raised by the petitioner, more particularly, with respect to inter-state arrest, illegal apprehension and detention need consideration."

It directed the Delhi Police to preserve CCTV footage of the area in the national capital from where the two “minors” were allegedly picked up.

"Insp. Ashu Girotra, SHO, PS Hari Nagar, is directed to place on record the CCTV footage in a pen drive along with still photographs from the relevant part of the footage, in a sealed cover, before this court. The CCTV footage shall be preserved till further orders of the court,” the order stated.

At the same time, the Justice Singh-led Bench clarified that the pendency of the writ petition would not bar the accused from seeking legal remedies in Rajasthan.

"It is open to the petitioner/accused persons to take recourse to appropriate remedies available in law, before the competent jurisdictional Court, if so advised, and the pendency of this case will not come in their way," the order said.

The matter has been listed before the Roster Bench on October 8.

On Tuesday, the Delhi High Court had taken note of submissions by Delhi government’s standing counsel (criminal) Sanjay Lao that the Delhi police had not been informed before the arrests were made by the Rajasthan Police.

Given the sensitivity of the matter, especially since the family members are related to Deva Pardhi, who died in alleged custodial violence in July, the Justice Singh-led Bench ordered that a comprehensive report be filed under the signature of the Superintendent of Police, Ajmer.

"We are of the view that a detailed status report needs to be filed by Standing Counsel, State of Rajasthan… considering that S and the Petitioner are relatives of Deva Pardhi, it is directed that the status report will be filed under the signatures of Ms Vandita Rana, SP, Ajmer, Rajasthan," it had ordered.

--IANS

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