HC reprimands Delhi police for not providing protection to newlywed couple
Oct 25, 2022
New Delhi [India], October 25 : The Delhi High Court recently reprimanded Delhi police for adopting a casual approach and not taking any action for the safety and security of a newlywed couple. The couple, later on, was abducted and physically assaulted by family members of the girl including her mother and grandmother in December 2021.
While dismissing the bail application of two women accused in the matter, the High Court asked Delhi Police Commissioner to look into the matter and take necessary action.
Justice Anoop Kumar Mendiratta observed, "It is unfortunate that in this case necessary steps for ensuring the safety and security of the victims were not initiated by the SHO, Police Station Rajouri Garden on the complaint of victims, taking it in a routine course while they were expected to act with promptitude.
"Conduct of the concerned police officials in this regard is deprecable and needs to be looked into and necessary action taken. Any such lapse cannot be accepted on behalf of the police," the bench further observed.
The High Court has asked Delhi Police Commissioner to take necessary measures for sensitizing the police officials in dealing with such complaints, under intimation to this Court,
within a period of four weeks.
The bench also dismissed the bail plea of Kaushalya, the grandmother and Geeta, the mother of the victim girl noting their role in the alleged incident and criminal past antecedents.
However, the bench has granted bail to Naina, the sister of the victim.
It may be noticed that so far as Naina Rana (sister of victim Menka) is concerned, no active role appears to have been attributed to her, the High court noted in the order of October 13.
However, so far as Geeta and Kaushalya are concerned, both of them are alleged to have participated in the assault and also exhorted family members for amputation of the private part of the complainant, the bench added.
The bench said that It also cannot be ignored that both petitioners Geeta and Kaushalya have criminal antecedents and petitioner Geeta in fact was declared as a proclaimed offender (P.O) during the initial stages of the proceedings.
In the facts and circumstances, considering the grave nature of the offence, the ghastly manner in which the assault was made and considering their role in the incident, no grounds for bail are made out in respect of accused Geeta and Kaushalya, the court added.
While deciding the bail applications the bench said, " The freedom of choice in marriage in accordance with law is an intrinsic part of Article 21 of the Constitution of India. Even the questions of faith have no bearing on an individual's freedom to choose a life partner and are the essence of personal liberty."
The bench further observed, "In view of above, wherever the life and liberty of any individual is concerned, especially in cases of couples legally marrying out of their own free will and volition, the police is expected to act expeditiously and with sensitivity in accordance with law and take necessary measures for the protection and safety of applicants concerned, if they apprehend hostility and concerns for their safety from different quarters including their own family members."
