After Flak From Delhi High Court, UP Govt Constitutes SIT, Suspends Errant Officers For Harassing Consenting Couple

Following "UP Mein Chalta Hoga, Yaha Nahin!" remark from the Delhi High Court over harassment of a runaway couple, the Uttar Pradesh government has suspended the SHO and Sub Inspector concerned. Further, a SIT has been formed to probe the matter.

"We have gone ahead and suspended both the officers, the SHO and SI. We have formed an SIT which is headed by the DSP and four officers being inspectors of the Crime Branch who are looking into it. We will ensure that justice is done. Whatsoever wrong is done, will be required at length," Additional Advocate General Garima Prashad appearing for the UP Govt told Justice Mukta Gupta.

The father and brother of the man from Delhi, who married a woman against her family's wishes, were arrested by the UP Police for kidnapping. The couple, a major, claimed to have married out of their own free will.

They alleged that the arrests were made from their residence in Delhi, without informing the Delhi Police. 

Last month, the Court had slammed the UP Police for the alleged conduct.

The UP Police however claimed that the accused were arrested from a bus stand in UP's Shamli district.

During the course of hearing today, the UP govt informed the Court that the man's father and brother have been released and a closure report has been filed in the FIR concerned.

At this, Justice Gupta remarked thus:

"Tell me one thing. Undoubtedly there is a duty of the police officer who is bound to register the FIR in case any minor is kidnapped. But once an FIR is registered, they have to find out the age of the victim. If the victim is major and had gone out of her own free will, which offence is made out? Can you show me from the IPC if any offence is made out?"

"The fact is that the FIR itself says she is a major. First thing you will do is record statement of the girl. They were given the phone number and address. FIR itself says that she was with this boy. When did they enquire before arresting? I have seen the case diaries. I know what is there in the case diaries. What is the investigation carried out?"

The Court added that if the version of the petitioner that the arrests were made in Delhi without informing the local police was correct, then the same is a very serious offence for the reason that the arrests were shown at a different place.

To this, Prashad responded that the investigation on the said aspect was underway and that a report will be submitted before the Court after the SIT is done investigating the matter.

The Court therefore granted time for the purpose of filing of status report and posted the matter for further hearing on January 11, 2022.

The Court said that the status report must include the role of the suspended officers in the whole process and the steps the officers did not take in the investigation.

The petitioners had claimed that they were getting repeated threats 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.

"This will not be permitted here in Delhi. You cannot do illegal acts over here," the Court had remarked in the previous hearing.

The Court had also pulled up the police for not verifying the age of the woman before making arrests in the matter.

Case Title: Teenu & Anr v. GNCTD