"Police Authorities Of Three States Simply Dragging Their Feet": Delhi High Court Hands Over Investigation Of Missing Man To CBI

The Delhi High Court has handed over investigation of a missing man, a truck driver, to the Central Bureau of Investigation (CBI) observing that police authorities of three States including Rajasthan, Haryana and Uttar Pradesh were "simply dragging their feet."

Justice Pratibha M Singh was dealing with a plea filed by Razia Begum, widowed mother of the missing truck driver namely Mohd. Parvez who was missing for months. The truck was spotted for the last time on 19th February 2018, when the CCTV captured its movement in Shahjahanpur, District Bhiwadi, Rajasthan.

In the meantime, considering the financial status of the Petitioner whose son was missing, the Court directed that a sum of Rs.3 lakhs is released in her favour as interim compensation.

"Let the said amount be deposited by the Respondent No.3-M/s. United India Insurance Co. Ltd. before the Commissioner, Employees' Compensation, Labour Department, GNCTD, within three weeks. The Commissioner shall release the amount deposited, in favour of the Petitioner after verifying her identity. It is made clear that this shall be without prejudice to the rights and contentions of the Respondent No.3," the Court directed.

It was submitted by the employer that even the truck was not recoverable initially for several months, and it was only pursuant to the order of the Trial Court in Alwar that the truck along with the goods were released. However, the goods were found to be completely unusable and the driver was still not found.

The Court was also apprised that finally FIRs under sec. 406 of the Indian Penal Code were registered at Uttar Pradesh and Rajasthan. However, no proper investigation was conducted and the whereabouts of the man were unknown till date.

Earlier, the Court had directed the Rajasthan police to conduct further investigation in an expeditious manner, into the whereabouts of the missing man and supply a final status report to the Delhi Government. 

"Pursuant to the said direction, a status report dated 7th April, 2022 has been handed over to the Court. The same has been filed by the SHO, P.S. Shahjahanpur, District-Bhiwadi, Rajasthan. However, the said report is also inconclusive," the Court noted.

Noting that the petitioner had been unable to obtain any monetary compensation or any closure in the matter, the Court directed thus:

"Accordingly, it is deemed appropriate to hand over the investigation in this matter, pursuant to the two FIRs, being FIR No.98/2018 and FIR No.256/2018, to the Central Bureau of Investigation (CBI). Copy of this order be served upon Mr. Ripu Daman Bhardwaj, Special P.P., CBI."

The Court has directed the CBI to conduct proper investigation and asked it to submit a status report on record within eight weeks.

The matter will now be heard on 27th July, 2022.

Title: RAZIA BEGUM v. COMMISSIONER EMPLOYEES COMPENSATION & ORS.

Citation: 2022 LiveLaw (Del) 361

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