"Complete Forgery Of Documents": Delhi High Court On UP Police Manipulating Records Following Illegal Arrest

The Delhi High Court on Tuesday rapped the Uttar Pradesh police for "complete forgery of documents" regarding place of arrest of two individuals who were family members of a man, who had married a woman against her family's wishes.  

The father and brother of the man, who married a woman against her family's wishes, were arrested by the UP Police for kidnapping. The couple, a major, claimed to have married out of their own free will. They alleged that the arrests were made from their residence in Delhi, without informing the Delhi Police. 

The Uttar Pradesh government had earlier informed the Court that it had suspended the concerned SHO and Sub Inspector and that a SIT was formed to probe the matter.

After Flak From Delhi High Court, UP Govt Constitutes SIT, Suspends Errant Officers For Harassing Consenting Couple

On Tuesday, Justice Mukta Gupta took note of the inquiry conducted by senior police officials in the matter which revealed that the two men were illegally taken from Delhi without informing to local police station, though their formal arrest was not shown.

The Court also added that though the two were kept in illegal custody for two days, their arrest was shown only on September 8, 2021 when the talks of returning the woman, petitioner no 1, to her mother failed.

During the course of hearing, Additional Advocate General Garima Prashad appearing for the UP Government submitted that a fair inquiry has been conducted in the matter. She added that although the mother of the man, petitioner no. 2, stated that the arrest was made on August 6, 2021, the same was made on September 6, 2021.

To this, the Court remarked thus:

"The only problem is, she erred in stating about the month but her version that the husband and son were taken from Delhi and then they were shown to be arrested over there is absolutely correct."

"After taking them from here, the police officer comes to Delhi. He doesn't inform the local police, doesn't say that they are being taken and after taking them over there, their arrest is shown over there and kept in judicial custody and this is what the exactly the mother of petitioner no 1 stated on day one except that she stated the dated wrongly."

Prashad therefore submitted before the Court that strictest of action will be taken against the errant police officers under disciplinary proceedings and that they will have to face the inquiry.

"Complete forgery of documents, a to z every document is forged," said the Judge.

"Investigation may be callous but you cannot fudge the documents. Take away somebody, pick up from one place, take him there illegally and then show arrest. Laxity and forgery of documents are two different things. Laxity in Investigation is not an offence but you forge documents, this is a clear case of forging documents by IOs," the Court added.

The Court also added that where a major goes of her own free will and marries someone, the same is not an offence.

"It is not even an offence of kidnapping," she added.

The SIT was constituted by DIG Saharanpur, Uttar Pradesh headed by the concerned Superintendent of Police. During the course of the said inquiry, statements of all persons including the statements of police officers, petitioners and their family members were recorded.

"Though in the statements the police officer reiterated facts as noted in the case diary, however, on conducting inquiry through their CDRs, in relation to the acquisition with regard to the arrest of father and brother of petitioner no 2 shown Delhi by Shamli police, it was revealed that Shamli Police came to Amar Colony, New Delhi on August 6,2021. However, on 6 September 2021, it was revealed that SI, the IO along with constables had come to house of petitioner at New Delhi on September 6, 2021 at about 6 PM in evening from where the 3 police officers took Rajinder Singh and Amit to Shamli on September 6, 2021," the Court noted.

The Court also took note of the fact that as per the report, the IO and two constables were accompanied by the complainant and her son and on being taken to Shamli, on failures of the talks to return the woman to her family, the two men were shown to be arrested from a bus stand in Shamli on September 8, 2021 after which they were sent to jail.

"The scientific investigation therefore reveals that the version of mother of petitioner no 2 who had filed an affidavit before this Court that her husband and son were taken away by UP Police is duly fortified though she claims that they were taken away on 6 August 2021 while they were actually taken away on September 6,2021," the Court said.

This Court appreciated the efforts made by the UP Police in conducting a detailed inquiry and unearthing the truth which was being complained by the petitioners regarding illegally arresting the two men from Delhi.

The Court took note of the stand made by Prashad that further necessary action will be taken against the concerned officer who had not only misled but had also created false document in the investigation and also failed to disclose correct facts in the inquiry.

"In view of the statement of AAG appearing for State, no further orders required to be passed," the Court said.

However, the Court granted liberty to the two men or their family members to take any civil or criminal action as warranted against the concerned persons if they so desire.

The plea was accordingly disposed of.

The Court had earlier slammed the UP Police for the alleged conduct. The UP Police had however claimed that the accused were arrested from a bus stand in UP's Shamli district.

The petitioners had claimed that they were getting repeated threats and that the father and brother of the man were taken away by U.P. police for the last one and half months and their whereabouts were not known.

"This will not be permitted here in Delhi. You cannot do illegal acts over here," the Court had remarked in the previous hearing.

The Court had also pulled up the police for not verifying the age of the woman before making arrests in the matter.

Also Read: Delhi High Court Slams UP Police For Making Arrests After Couple's Marriage

Case Title: Teenu & Anr. v. GNCTD 

Citation: 2022 LiveLaw (Del) 26