Allahabad High Court criticizes UP Police for holding a pregnant woman and her child, and demands a compensation of 1 lakh.
The Allahabad High Court criticized the Uttar Pradesh Police for their treatment of a pregnant woman and her young child, who were held at a police station for over six hours just to record her statement in a 2021 kidnapping case. This case involved a 21-year-old woman who went missing after leaving for an exam in Agra, prompting her family to file a kidnapping report against her husband. The woman later married him the day after her family reported her missing. Despite three years passing, the investigation had made little progress, with only the informant’s statement recorded. In November 2023, the police unexpectedly sought to take her statement, even though the case had been inactive for years.
A Division Bench, consisting of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi, condemned the actions of the Investigating Officer and called for a detailed inquiry by the Director General of Police of Uttar Pradesh. The Court stated that the police’s actions were far from lawful and represented a clear abuse of authority. They highlighted that the pregnant victim, who was about eight months along, endured distress by being kept at the police station from 12:15 PM until the matter was brought to court, where she arrived at 6:30 PM.
The Court was appalled by the police’s choice to detain her in such a state, labeling it as torture. It highlighted the inhumanity of forcing a heavily pregnant woman to wait at a police station for hours without reason, especially since no male relative was available to accompany her home. The Court noted that the Investigating Officer, who had just taken over the case, could not provide a valid reason for his actions. He did not even bring the case diary, which is a basic requirement in police work, and took the woman and her child to the station under the false pretense of needing to record her statement.
The Court described this as a “sham investigation” and accused the IO of misusing his power. Additionally, the Court remarked that a simple question about her age and marital status could have ended the investigation. It pointed out that the F.I.R. stated the victim was 21 years old, which should have prevented the Investigating Officer from continuing since the claims did not amount to a serious crime. The Court also criticized the IO for neglecting the safety of the woman and her child, as her detention posed a risk to them. In light of these issues, the Court ordered her immediate release and that she be returned to her husband, who had filed a Habeas Corpus petition for her freedom. The Bench expressed its dissatisfaction with how the police managed the case, emphasizing the need for careful and responsible handling in such situations.
The Court ordered the State to pay ₹1 lakh to the woman for the suffering she and her child experienced. It also told the DGP to investigate the incident and take necessary steps, with a report due back to the Court in three months. The Court highlighted the importance of the State creating clear rules for handling similar cases involving women in the future. The Court will revisit this issue on December 11, and further actions may occur based on what the Uttar Pradesh Police do.
Cause Title: Chandini Singh & Anr. v. State of U.P. & Ors.
Appearance:
Petitioners: Advocates Raghvendra P. Singh and Mohd Sheraj
