Delhi HC directs authorities to trace woman who allegedly eloped with Muslim labourer
Dec 22, 2020
New Delhi [India], December 22: The Delhi High Court has directed authorities concerned to make all-out efforts to trace and present before it a Hindu woman, who allegedly eloped with a Muslim labourer in November and got married in West Bengal.
A division bench of Justices Vipin Sanghi and Rajnish Bhatnagar had on December 18 expressed shock over the Delhi Police's casual approach in not registering an FIR on the complaint made by the girl's father and not verifying the Nikahnama.
"This is a complete dereliction of duty on the part of the SHO concerned," the bench had said. "We direct the State to make all-out efforts to produce woman since we cannot accept the statements attributed to her, at this stage, as her voluntary statements," it added.
Station House Officer (SHO), Naraina, who was also present during the hearing, said an FIR was not registered since the Nikahnama has been produced to show that Preeti Gupta had married Syed Mustafa. On a query, he said the Nikahnama could not be verified despite efforts.
"To satisfy our conscience, we would like that she be produced before us. In case the woman is traced, she shall be brought to Delhi, and kept at Nari Niketan at least for four days before the next date so that she is not under influence of either the petitioner or the persons with whom she is stated to have eloped and gone," the bench had said in its order.
The court was hearing a Habeas Corpus petition filed by a man to seek production of his daughter, who went missing on November 7. The plea said the petitioner's daughter appears to have been taken away in an organised manner. The plea said that the woman is a B Tech.
Delhi Police has filed a status report on service of advance notice. As per the status report, it is claimed that the girl has married the Muslim man she has also informed her family members that she does not wish to be disturbed and that she is happy and safe, wherever she is.
Counsel for the petitioner stated that the family members should be granted police protection in the circumstances.
"We direct the SHO concerned to look into the aspect of threat assessment to the petitioner and family members and provide adequate security to them. The mobile phone number of the Beat Constable of the area shall be provided to the petitioner and family members, and any call received from them shall be attended to and actioned without any delay," the bench said.
The court also transferred the investigation to the AHTU, Crime Branch, forthwith on registration of the FIR. The court also asked to file a status report under the signatures of the DCP concerned and listed the matter for further hearing on January 4, 2021.
