'Purdahnashin' Muslim Woman Alleges Illegal Detention Inside Police Station, Delhi High Court Orders Preservation Of CCTV Footage

The Delhi High Court has ordered preservation of CCTV footage of cameras inside and around a police station in the city while dealing with a plea moved by a purdahnashin Muslim woman alleging that she was forcibly taken by the cops from her residence without her veil and was illegal detained in the police station.

Justice Saurabh Banerjee also directed Delhi Police to preserve the CCTV footage of all the cameras installed by the Delhi government or private residents near the woman's residence leading towards the direction of the police station.

The court issued notice on the woman's plea seeking a fair, impartial and time-bound investigation of the incident, under the direct supervision of the concerned DCP.

The woman claims that on the intervening night of November 05-06, some police officials of Chandni Mahal police station came to her residence at around 03:00 AM, conducted search, took her without her veil and illegally detained her at the police station where she was allegedly subjected to inhuman and degrading treatment, including physical assault.

Apart from seeking action against the erring cops, she has also sought sensitization of the Delhi Police regarding the sacrosanct religious, social customs and practices of all women who observe Purdah, either as a religious belief or as a part of their personal choice, belonging to any religion, which are guaranteed under Article 21 of the Constitution of India.

Advocate M Sufian Siddiqui appearing for the woman submitted that the action of the police officials during night time was in flagrant violation of Section 46(4) of CrPC, which explicitly prohibits the arrest of a woman before sunrise and after sunset, unless under exceptional circumstances.

He argued that even in exceptional cases, the arrest of a woman should be conducted by or in the presence of a woman police officer, with prior permission from a Judicial Magistrate.

While issuing notice, the court granted four weeks' time to the Delhi Police for filing status report on the action taken on the complaints made by the woman last month.

“The respondent is directed to preserve the CCTV footage of all the cameras installed inside and around PS.: Chandni Mahal, Central-District, Delhi for the time period from 01:00 AM to 05:00 PM on 06.11.2023 as well as the CCTV footage of all the cameras installed by the GNCTD and/ or private residents near the petitioner's residence leading towards the direction of the PS.: Chandni Mahal, Central-District, Delhi for the time period from 01:00 AM to 06:00 AM on 06.11.2023,” the court ordered.

The matter will now be heard on January 30, 2024. 

Case Title: RESHMA v. THE COMMISSIONER OF POLICE

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