UP mein chalta hoga, yahan nahi: Delhi HC slams UP police

Delhi: “UP Mein Chalta Hoga Yaha Nahin” remarked the Delhi High Court on Thursday as it slammed the Uttar Pradesh Police for arresting father and brother of a man who got married to a woman, against her family’s wishes.

The couple is a major. The arrests were made without informing the Delhi Police. “This will not be permitted here in Delhi. You cannot do illegal acts over here,” Justice Mukta Gupta said.

The protection plea was filed by the couple who stated that they were major and married each other out of their own free will on 1st July, 2021 contrary to the wishes of woman’s parents. They claimed that they were getting repeated threats from them 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.

Noting that the woman was major and married out of her own will, Justice Gupta added “Somebody comes to you and you go to arrest people without confirming her age? Whether she is minor or a major?” The Court had issued notice to SHO PS Shamli, U.P. to be personally present along with case file.

During the course of hearing today, the Court said: “When you investigate, won’t you ask the complainant? I will get all the CCTV footages and if I find that if Shamli (UP) police came here in Delhi to arrest them, I’ll make sure a departmental enquiry is done against you. If you (SHO) and your IO don’t know how to read a case file then I don’t have any solution to it. You get information to arrest the family members of the man but don’t get information to investigate the matter!”

The Court also pulled up the police for not verifying the age of the woman before making arrests in the matter. “Jaake Court ko bataiye, bail ke liye arzi karaaiye, mujhe footage chahiye. Agar gaadi number mila aur pata chala ki Delhi me entry hui hain UP Police ki toh I will take action. You will do no illegal acts over here,” the Court said.

This loosely translates to: “I want the CCTV footage of the incident. If I find that UP Police had entered Delhi for making these arrests, I will take action.” The Court therefore directed the police to record the statement of the woman and stated in clear terms that it will now allow the couple to be taken out of the jurisdiction.

In the post lunch session, the Court, while perusing the FIR in the matter, noted that it was evidence from the FIR itself that the age of the woman was revealed to be 21 years by her mother, the complainant.

Accordingly, the Court directed that a detailed affidavit be filed by the SHO as to what efforts were made by the UP Police to trace the woman and if they came to Delhi, whether intimation of their arrival was made to the local police station before taking any action.

Further noting the fact that the police had already recorded the statement of the petitioners under sec. 161 of CrPC, the Court permitted the recording of their statements under sec. 164 CrPC before the CMM, Patiala House Court by today or tomorrow. The matter will now be heard on 18 November.

During the previous course of hearing, the Court had expressed its displeasure over the Police’s conduct and said:

“One fails to understand when petitioner No.1 is major and has left her parental home of her own free will and married to petitioner No.2 how an offence under Section 366 IPC and consequential offence under Section 368 IPC is made out.”

“It is unfortunate that even without finding that petitioner No.1 was major or minor and without finding correct facts from her, arrests in the FIR in question have been made.”