Delhi HC seeks Rajasthan Police report on alleged illegal arrest of two minors from Janakpuri

New Delhi, Sep 30 The Delhi High Court on Tuesday directed the Rajasthan Police to submit a detailed status report on the alleged illegal arrest and detention of two minor boys from Delhi’s Janakpuri.

A bench of Justices Jyoti Singh and Anish Dayal was hearing a habeas corpus plea filed by street hawker Kapoori Bai, who alleged that her son, 15 and a relative’s son, 17, were forcibly taken away by unidentified men in civilian clothes from Janakpuri’s Dussehra Park on September 26.

According to the writ petition, despite repeated attempts, their families were unable to lodge a missing persons complaint at the Janakpuri or Hari Nagar police stations in Delhi.

The boys’ whereabouts came to light later through a phone call, which informed that they were being held at the Pushkar police station in Rajasthan.

The Pushkar SHO subsequently informed that the two had been arrested on September 29 in connection with an alleged robbery. He further conveyed that their mothers had been duly informed of the arrest.

In its order, the Delhi High Court noted serious procedure violations after the petitioner’s lawyer pointed out that “none of the safeguards/protocols were followed” in making the inter-state arrests, including informing local police and allowing access to legal counsel.

Delhi government’s standing counsel (criminal) Sanjay Lao confirmed the lapse, stating that "the local police were not informed" before the two minors were taken to Pushkar and that "the guidelines laid down by this court in Sandeep Kumar v. State have been violated”.

Inspector Vikram Singh Rathore of PS Pushkar, appearing virtually, submitted that no age verification had yet been carried out, though medical examinations had begun.

He further admitted that when the Justice Singh-led Bench asked whether the local police (i.e. Delhi Police) had been informed before or during the investigation, or before the arrest, the answer was no.

Given the sensitivity of the matter, especially since the family members are related to Deva Pardhi, who died in alleged custodial violence in July, the Delhi High Court ordered that a comprehensive report be filed under the signature of the Superintendent of Police, Ajmer.

"We are of the view that a detailed status report needs to be filed by Standing Counsel, State of Rajasthan… considering that S and the Petitioner are relatives of Deva Pardhi, it is directed that the status report will be filed under the signatures of Ms Vandita Rana, SP, Ajmer, Rajasthan," the bench said.

The Delhi High Court directed Inspector Rathore to keep the Hari Nagar SHO updated on the case developments during the day.

The matter will be taken up again on Wednesday at 10.30 a.m.

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