Elopement: Kin released, HC seeks status report from UP Police

New Delhi: The Uttar Pradesh Police on Thursday told the Delhi High Court that it had released the two men — the father and brother of a man who had eloped with a UP-based woman — who were whisked away from Delhi without following due process on the basis of a complaint from the woman's family, which opposed the marriage. It added that the erring officers had also been suspended pending an inquiry.

The Delhi High Court had earlier in the case, said that UP Police cannot just come into Delhi, take away anyone and show the arrest being made in their jurisdiction. It had seriously reprimanded the officers for not even recording the woman's statement despite recording that she was a major.

The UP Police on Wednesday told a bench of Justice Mukta Gupta that it has formed a special investigative team to look into the arrest of the two city residents.

Justice Mukta Gupta, who had earlier said that persons under the jurisdiction of Delhi Police could not have been apprehended by UP Police without intimation to local police, was informed that the two family members have been released and a closure report has also been filed.

Additional Advocate General for Uttar Pradesh Garima Prashad submitted that the SHO concerned and the investigating officer has also been suspended.

State (of Uttar Pradesh) has taken it very seriously. DSP rank officer is heading the SIT. We will ensure justice is done. All wrongs will be inquired into at length, Prashad said.

The judge asked the Uttar Pradesh Police to file a status report based on the SIT's report and observed that when the FIR itself disclosed that the girl in question was a major, the police officials concerned should have first recorded her statement to ascertain her will.

"The fact is that the FIR says she is a major. First thing, you will record the statement of the girl. They have given the phone number and the address, the judge said. When the girl is a major and has gone on her own free will, where is the offence made out?" Justice Gupta asked, posting the matter for further hearing on January 11 after the UP counsel stated that the SIT will take six to eight weeks to finalise its report on the issues flagged by the court.

In the present case, the petitioner couple had moved to the high court earlier this month, saying that they married of their own volition in July, contrary to the wishes of the girl's family, and were now being threatened. The petitioner also claimed 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.