New Delhi, 1 October (IANS) Delhi High Court on Wednesday directed the Rajasthan Police to file an update status report with an investigation report in alleged illegal apprehension and custody of two “minor” boys, which were arrested in Delhi and later taken to Rajasthan in connection with a theft and tillage case.
A bench of Jyotis Jyoti Singh and Aneesh Dayal was listening to a prisoner corpus petition filed by Street Hawker Kapuri Bai, who alleged that her son, 15 and a relative’s son, 17, on September 26, was forcibly taken by unknown men in civilian clothes from Dussehra Park in Janakpuri.
According to a status report filed by Rajasthan Police, the two were arrested on 29 September and presented to a magistrate in Ajmer on 30 September.
The report also stated that the two accused took a medical examination at the government of Ajmer at JLN Hospital, and the medical report confirmed that they are over 19 years of age.
A bench led by Justice Singh was further informed that an investigation was initiated against the police officers for procedural flaws during the investigation.
In its order, the Delhi High Court lodged the petitioner’s objections that “minors” were kept in illegal custody for about four days, nor were neither Delhi Police nor their families informed at the time of inter-state arrest.
The petitioner’s counsel said that instead of following the proper procedure and medical jurisdiction, the medical examination was organized only by relying on X-rays. He also stressed that Article 22 (2) of the Constitution and the status report on the violation of the Delhi High Court guidelines on inter-state arrests was silent.
After hearing the submission, the Delhi High Court said: “Our thoughtful views about the related presentations of the parties and the status reports filed by the Delhi Police have also been given as Rajasthan Police, we are of the idea that the issues raised by the petitioner are needed to consider with inter-state arrests, illegal arrests, illegal and information.”
This directed the Delhi Police to preserve the CCTV footage of the region in the national capital from where two “minors” were allegedly raised.
“Inspection. Ashu Girotra, SHO, PS Hari Nagar, is directed to record CCTV footage in a pen drive, which will still be preserved by the relevant part of the footage, in a seal cover, the CCTV footage will be preserved before the court,” the order is said. “
At the same time, a bench headed by Justice Singh clarified that the pendency of the writ petition would not have to stop the accused from demanding legal measures in Rajasthan.
The order stated, “This petitioner is open to the persons that they should resort to appropriate measures available in the law before the competent judicial court, if so, it is advisable, and the pendency of the case will not come in their way,” the order said.
The case is listed before the roster bench on 8 October.
On Tuesday, the Delhi High Court paid attention to the presentations by the Delhi government’s permanent lawyer (criminal) Sanjay Lao that the Delhi Police was not informed before being arrested by the Rajasthan Police.
Given the sensitivity of the case, especially since the family members belonged to Dev Pardi, who died in the alleged custody in July, a bench led by Justice Singh ordered that a comprehensive report should be filed under the signature of Superintendent of Police, Ajmer.
“We are of the idea that a wide status report needs to be filed by the permanent lawyer, Rajasthan state … given that S and petitioner are relatives of Dev Pardi, it is directed that the status report will be filed under the signature of Ms. Vandita Rana, SP, Ajmer, Ajmer, Rajasthan.”
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PDS/VD