Elopement: 'A to Z, every document forged', says Delhi HC on UP Police's illegal arrests

New Delhi: Noting that Uttar Pradesh police officers "completely forged every document" to illegally arrest two men from Delhi without informing the local police, the Delhi High Court on Tuesday closed a case where a couple had eloped and the UP Police had arrested the man's family members from Delhi based on a complaint from the woman's family, without even ascertaining whether they had willingly married each other.

Justice Mukta Gupta said no more orders were required to be passed in the matter as the UP government's counsel, Additional Advocate General Garima Prashad assured the court that appropriate action will be taken and that the erring officers will not be spared.

During the course of the proceedings in the case, the couple, who had moved the plea, said that the man's father and brother were illegally arrested by the UP Police from Delhi and they did not know their whereabouts for a month.

Justice 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 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 said that a laxity in 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 complete forgery of documents. A to Z, every document is forged," the court remarked, adding, "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.

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 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.

Closing the case, the court 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.