Won't tolerate this here: HC fumes at UP Police for 'illegal' arrests from city
New Delhi: The Delhi High Court Thursday pulled up the Uttar Pradesh Police for arresting and taking away two persons — the brother and father of a man who got married to a woman against her family's wishes — without bothering to inform the Delhi Police first.
Justice Mukta Gupta said, "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, I will take action. We will not permit this. You can't do illegal acts here," the judge said.
"When you got to know their address (of the boy), you would enquire (about the girl's whereabouts) and inform the local police. You can't take away anyone as per your will. You violated the law at every step. This won't be tolerated in Delhi," the court said.
The SHO, who was present physically, told the court that they were not aware if the woman was a major or a minor. He also claimed that the arrest was made in UP.
"The FIR says she was 21 years of age but you arrest the brother and father without ascertaining her stand. If you close your eyes and brains while working, nothing can be done. There's no solution if you and your IO can't read," it said.
"She is an adult. She married of her own volition and you go on and arrest. You didn't get to know about the girl but you got to know about the father-in-law and the brother-in-law?" it added.
The court sought an affidavit from the SHO on how the two persons, now in judicial custody in UP, were arrested and directed that appropriate action be initiated given the girl's stand that she eloped from her paternal house to get married to the man. The court also sought to know what the UP Police did to speak to the woman.
It directed for the woman's statement to be recorded before a magistrate by Friday, posting the matter next for November 18.
During the hearing, the court also reprimanded the mother of the girl for making a complaint to threaten the boy and asked if she had disclosed the age of her daughter to the UP police. "This may be working in UP, not here. Your crying will not make a difference," the judge told the
mother.
The couple had moved the high court earlier this month, saying that they married of their own volition in July and that the father and brother had been whisked away without any information for one month. Delhi Police said they were not informed of the arrest.