Police Cannot Pick and Choose Which Accused to Arrest, Rules Delhi High Court
Court asks police to clarify if they want to arrest accused
The police should clearly state as to whether they want to arrest an accused or not, the Delhi High Court said.
The Delhi High Court recently said that police cannot choose and arrest some of the accused persons arbitrarily and the trend of picking and choosing persons to be arrested by it must be condemned. [Rajkumar v State (NCT of Delhi)].
Singling out of certain accused for arrest by the police cannot be condoned by the Court, said Justice Girish Kathpalia.
“The policy of the State to selectively arrest some of the accused persons cannot be approved. The police should clearly state as to whether they want to arrest an accused or not. The Court cannot direct the police to do or not to do so. Such kind of pick and choose in matter of arrest must be deprecated,” the Bench remarked.
“The policy of the State to selectively arrest some of the accused persons cannot be approved of. Of course, such kind of pick and choose in matter of arrest must be deprecated,” Justice Kathpalia said in his order.
The Court’s observation came while dismissing a bail plea of Rajkumar, an accused involved in child trafficking case.
Prosecution alleged that Rajkumar and his co-accused Gayatri pretended to be a couple to adopt an infant girl and then sell her off to another co-accused Deepika who in turn sold her further. The minor girl child was the sixth daughter in the family of her biological parents.
Counsel for Rajkumar claimed his client was implicated falsely just because he was Deepika’s paternal uncle and none of the prime accused like Dr Kulvinder Kaur has been arrested till date.
After perusing the case records, the Court stated that police did not clarify as to why they have not arrested Kulvinder Kaur. Court further added that as Rajkumar did not have custody of the girl child, the chances are that she may have been sold further.
Justice Kathpalia expressed displeasure towards the police by stating that the role played by the “investigators in this case is highly appalling as they have not been able to trace the trafficked child till date even after two years of registration of the FIR.”
However, police informed the Court that co-accused Kulvinder Kaur would be arrested soon.
The High Court asked the Deputy Commissioner of Police (DCP) to give directions for tracing the girl child and thereafter file a status report within four weeks. The Court also sent copy of its order to the DCP to take suo motu note of the observations made by it on selective arrests.
Shrikant Sharma appeared for the accused Rajkumar.
