The Delhi High Court has issued guidelines that must be followed by the police of one State, when they go to some other State or Union Territory, to effect an arrest while investigating a complaint or a First Information Report (FIR) disclosing a cognisable offence.
A Division Bench of Justice Muralidhar and Justice Talwant Singh has asked Delhi Police to implement the recommendations given by a Committee headed by Justice SP Garg which was constituted by the court to look into the issues involved in the present matter.
The present case involved a habeas corpus petition filed under Article 226 of the Constitution, where the Petitioner Sandeep Kumar had asked the court to issue directions to the police to produce his wife, Nisha, before the court.
Sandeep and Nisha had solemnised their marriage under the Hindu Marriage Act, after Nisha, who was a Muslim, embraced the Hindu faith. After their marriage, Nisha's father came to the residence of the couple in the JNU campus created a ruckus and threatened both the Petitioner and Nisha with dire consequences.
The Petitioner further stated that at around 8 pm on 2 July 2018, the local police accompanied by JNU security personnel and others in civilian clothing forcibly took away Nisha and also handed over the Petitioner to "other people" who were in civilian clothing. Thereafter, he was then taken to Ghaziabad and kept in a police lockup for three days and two nights and was abused and beaten.
He also named SI Sharad Kant Sharma of Loni police station as the officer who threatened to implicate him in a false case of rape if he tried to reunite with Nisha.
The status report which was subsequently filed, states that an FIR was lodged by Nisha's brother in Loni police station.
In pursuance of the said complaint, SI Sharad Kant Sharma of PS Loni came to JNU along with his staff and found Nisha to be present there. It is stated that she was produced subsequently before the concerned Court where she said that she left her home in anger due to a quarrel with her sister and is now returning to her family members of her own free will.
When Nisha appeared before the High Court, she said she's willing to reunite with the Petitioner. During the in chamber hearing, she confirmed to the court that she had married Sandeep, the Petitioner, of her own free will.
Subsequently, on August 4, this court constituted a Committee to conduct an enquiry into the matter and in particular the legality of the actions of the police attached to PS Loni (Ghaziabad) and PS Vasant Kunj. The said committee was headed by Justice SP Garg, retired judge of the Delhi High Court.
After receiving the said report, the court had directed a copy of the same to be immediately forwarded to both to the CP, Delhi and the DGP, Uttar Pradesh for appropriate disciplinary action to be initiated against the erring police officers.
The Committee headed by retired Justice SP Garg, had given the following detailed suggestions as to the protocol to be followed by the police in the event of inter-state arrests:
In addition to this, the court also directed a compensation to be paid of Rs 50,000 each to Nisha and Sandeep by the Uttar Pradesh government for the illegal detention of the couple. The amounts should be paid within a period of four weeks along with a letter written by the Director General of Police of Uttar Pradesh himself, apologizing to each of them for the conduct of his police officials.
Court has asked the police to file a compliance report by July 6, 2020.
It has also directed for a copy of the report to be forwarded to CP, Delhi and the DGP, Uttar Pradesh for appropriate disciplinary action to be initiated on the basis of the said report against the police officials under their respective control and supervision.