The Delhi Police was sharply rebuked by the high court for filing a stalking case against a woman lawyer and for reportedly dragging her out of her residence to arrest her despite the court’s order banning coercive action
The alleged assault on the lawyer was protested by the Delhi High Court Bar Association with a post-lunch strike earlier this week.
A bench comprising justices Siddharth Mridul and Deepa Sharma ordered the Home Ministry and the Delhi government to “forthwith” take action as per the relevant law against the “delinquent officers” and file a report on the action taken before the next hearing slated for January 5.
Bench Reprimands Police Conduct
The bench expressed concern on the police actions and demanded immediate action, noting that “we are not a banana republic”.
It further added that it was “pained and disappointed” by the police conduct and pointing out that if this was the conduct of the police in bailable offences, “then what would happen in non-bailable offences”.
The bench also enquired how the magisterial court cancelled the bail of the petitioner, Deepa Arya twice.
It has directed the Delhi Police, specifically the DCP of South District, to carry out a fact-finding enquiry and file a report , as the officers involved belonged to the Safdarjung Enclave police station.
The DCP has also been directed to retain all relevant records related to the FIR in question and the December 18 incident when the woman was dragged out.
The bench has also asked that protection be given to the woman for her next appearance.
Woman Lawyer Filed A Contempt Plea
The Delhi HC passed the order after the petitioner filed a contempt plea requesting action against the erring officers for violating the high court order to not take any kind of coercive action in her case.
The high court cancelled the non-bailable warrant issued against her and also stayed the trial court order which cancelled her bail in a molestation and criminal intimidation case.
Lawyers appearing for the woman , including senior advocates Kirti Uppal and Vikas Pahwa, , said that the molestation case was filed against her in regards to a property dispute.
IO Claims He Received Late Information
In the petition filed by the woman lawyer , she claimed that the Safdarjung Enclave police had broken open through the main door of her house in Mayur Vihar-I in the evening and dragged her out.
According to her lawyers the high court’s order banning coercive action had been before 4pm and had been communicated to the investigating officer (IO) of the case. Despite this he went ahead and broke open her house and dragged her out.
The IO, who appeared in the court on the bench’s order said that he had received late the communication that the non-bailable warrant against the woman had been stayed . According to him he had received the information after 5pm, by which time he had arrested her. However he had released her as soon as he was made aware of the stay order.
