Delhi High Court Orders Inquiry into Allegations of Inter-State Arrest and Illegal Detention
Court Directs Preservation of CCTV Footage; Inquiry Initiated Against Erring Police Officials
In a significant development, the Delhi High Court has directed an inquiry into alleged procedural lapses concerning the inter-State arrest and illegal detention of two individuals, identified as S and R, by Rajasthan Police. The Court, while examining the status reports submitted by the Delhi Police and the Rajasthan Police, emphasized the necessity for strict adherence to legal procedures during inter-State arrests and detentions. Kapoori Bai, the petitioner, had raised concerns about the illegal custody and detention of the accused for over 96 hours, which purportedly violated established guidelines.
The Division Bench, comprising Justices Jyoti Singh and Anish Dayal, underscored the importance of procedural safeguards as outlined in the Criminal Procedure Code, 1973, and Article 22(2) of the Constitution of India. The Bench noted that the allegations of illegal detention warrant careful consideration, especially given the serious implications of such procedural lapses.
The Court directed the local police to retrieve and preserve CCTV footage from the area in Delhi where the accused were apprehended. The footage is to be submitted to the Court in a sealed cover, along with still photographs, ensuring transparency and accountability in the investigation process.
Additionally, the Court addressed concerns regarding the medical examination conducted to determine the ages of S and R, who were alleged to be juveniles. The petitioner had claimed that the examination was conducted hastily, merely using X-rays, without following the established medical jurisprudence procedures. The Court stressed the importance of adhering to stringent protocols in age determination, particularly under the Juvenile Justice (Care and Protection of Children) Act, 2015.
The Rajasthan Police Department has initiated an inquiry against the officials involved in the investigation, acknowledging procedural lapses. The inquiry report is expected to be submitted by October 8, 2025. The Court has clarified that the pendency of the writ petition will not hinder the accused from pursuing remedies before the competent jurisdictional Court in Rajasthan.
The case is slated for further hearing before the Roster Bench on October 8, 2025, with updated status reports to be filed by the State of Rajasthan.
Bottom Line:
Inter-State arrest and illegal detention - Inquiry initiated against erring police officials in light of procedural lapses during investigation - Preservation of CCTV footage directed - Pendency of writ petition will not bar accused from pursuing remedies before competent jurisdictional Court.
Statutory provision(s): Criminal Procedure Code, 1973 - Sections 41, 50; Article 22(2) of the Constitution of India; Evidence Act, 1872 - Section 65B; Juvenile Justice (Care and Protection of Children) Act, 2015
Kapoori Bai v. State NCT of Delhi, (Delhi)(DB) : Law Finder Doc Id # 2787023
