Frivolous Petitions Filed Only To Arm Twist Police Officers Ought Not To Be Entertained: Delhi High Court

The Delhi High Court has observed that the Court has to ensure that frivolous petition filed only for the purpose of arm twisting the police officers ought not to be entertained.

"It is the duty of the State to provide protection to every citizen of the country but at the same time this Court has to ensure that frivolous petitions, which are filed only to interfere with the investigation and to arm twist the Police officers, ought not to be entertained," Justice Subramonium Prasad observed.

The Court was dealing with a plea seeking directions on the Commissioner of Police (Delhi) to take disciplinary action against a Women SI for not doing fair investigation in a case where two missing minor girls were allegedly kidnapped and raped. The plea alleged that the woman SI had threatened the minor girls and her family members.

Perusing the facts of the case, the Court was of the view that there were numerous FIRs and cross-FIRs between the family of the victims and the accused and his family, and that both families were inimical towards each other.

It also added that it appeared that the family of the petitioners was using the Court proceedings as an "apparatus for attempting to suborn and exert pressure" on the police to investigate and deal with other cases in a particular manner.

"The instant petition is a ruse to arm-twist the Policemen," remarked the Court.

It was the case of the petitioners that the Sub-Inspector in charge of the investigation came to the victim's house and threatened her and her parents stating that they had filed a baseless case and that they should withdraw the case.

On the other hand, the State submitted that the present case was nothing but a dispute between the family of the victims and alleged accused and that a plethora of cross-cases were registered by both the parties.

The State also submitted that that the petitioners were seen leaving their home at around 9:00 AM in the CCTV footage installed in the locality and their CDRs were analysed wherein it was found that they were in continuous touch with their parents on the relevant dates.

It was also submitted that petitioners were not kidnapped and went to Ludhiana on their free will accompanied by two of their male friends. According to the State, the said arguments stood corroborated and verified by the virtue of petitioners' social media profiles.

"Further, it appears that Miss J and her sister uploaded photographs to their social media handles with their male friends, which belies the case of abduction and rape," the Court said.

Furthermore, it was observed that the petitioners neither made out a case for directing the Commissioner of Police (Delhi) to lodge an FIR the Women SI, nor for directing the respondent to provide compensation of Rs. 10,00,000 each to the victims.

"Needless to state that the prayer for directing the concerned authorities to provide governmental jobs/employment to Miss J and Miss C when they become major cannot be granted in this petition as there is no right of the petitioner to ask for the same nor is there any right for granting any monetary compensation to the petitioner and her sister," it said.

The plea was accordingly disposed of.

Case Title: MISS J THROUGH HER MOTHER & ANR v. COMMISSIONER OF POLICE & ORS

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