Court issues directions for fair investigation and grants interim protection from arrest to petitioners amid allegations of police misconduct.
In a significant development, the Delhi High Court has intervened to provide protection to petitioners embroiled in a contentious matrimonial dispute, amidst allegations of police harassment. Justice Girish Kathpalia, presiding over the case of Sonia Bansal & Anr. v. State of NCT of Delhi & Anr., has issued crucial directions to ensure a fair investigation and prevent the misuse of legal processes by law enforcement agencies. The petitioners, Sonia Bansal and her brother-in-law, have sought protection of their life and liberty from the local police of PS Alipur, citing harassment despite involvement in bailable offenses.
The court's intervention follows allegations that the Investigating Officer (IO) refused to accept bail bonds and continued to exert undue pressure on the petitioners. Moreover, during the hearing, the court discovered that the notice served to petitioner no. 1, Sonia Bansal, for joining the investigation was incomplete, leaving the reporting date blank. Justice Kathpalia expressed shock over this omission, emphasizing the need for transparency and fairness in the investigation process. The court directed the concerned Deputy Commissioner of Police (DCP) to take appropriate action and submit a report on the matter.
The case also highlights issues of domestic violence, as Sonia Bansal reported an assault by her husband. Despite lodging a PCR complaint, no action was taken by the police, leading the court to seek a status report regarding the handling of her complaint. The ongoing investigation faced further scrutiny when petitioner no. 1 reported harassment from the local police, receiving calls from PS Alipur even during the court proceedings. The court ordered interim protection from arrest for the petitioners, emphasizing that they must join the investigation as directed in writing.
The case underscores the challenges faced by individuals entangled in matrimonial disputes, where allegations of police misconduct can exacerbate an already stressful situation. The court's directives aim to ensure accountability and prevent the misuse of legal procedures, safeguarding the rights of the petitioners until the next hearing scheduled for July 20, 2026.
Bottom line:-
Police harassment in matrimonial disputes - Directions issued to ensure fair investigation and protection of petitioners' rights.
Statutory provision(s): Sections 438 and 482 of the Criminal Procedure Code, 1973
Sonia Bansal v. State of NCT of Delhi, (Delhi) : Law Finder Doc id # 2893446
