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No arrest in Capital before informing Delhi Police: Delhi HC tells states

While hearing a Habeas Corpus petition, the Delhi High Court said on Tuesday that police from any other state would not be allowed to make arrests in Delhi before informing the Delhi Police about it. The HC has asked the police to file a detailed reply by February 9.

No arrest in Capital before informing Delhi Police
No arrest in Capital before informing Delhi Police
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Published : Jan 25, 2022, 10:25 PM IST

New Delhi: While hearing a case on Tuesday, the Delhi High Court said that hereon police from any other state would not be allowed to make arrests in Delhi without informing the Delhi Police beforehand about the arrest. The bench of Justice Siddharth Mridul noted that of late, such incidents had seen an increase.

The order came while the court was hearing a Habeas Corpus plea filed by a woman from Delhi's Dwarka area, who alleged that on October, 2021 her son was taken to Telangana by the police from the latter state without producing him before the concerned magistrate in Delhi. The petition further said that even in Telangana, he was produced before a magistrate after a gap of 72 hours.

The woman also stated that her son had received bail back in November, 2021 but ever since has been missing.

Also read: Delhi Police arrest two arms suppliers ahead of Republic Day

Appearing for Delhi Police, advocate Sanjay Law said that the boy in question was staying under the jurisdiction of some other police station, and was also picked up at a place not under Delhi Police jurisdiction. Law further said that the petition in question should have been filed in the Telangana High Court.

Responding to the former's comments, the HC said that the police could not shy away from such situations.

“If someone files a petition, the Delhi Police will have to answer whether prior information about the incident was provided to them. If uninformed, they should have tried to confirm the occurrences with the Telangana Police. In case the latter says they have taken the boy away, what shall be the stand of the Delhi Police? It should not happen that no attempts are made from the Delhi Police's side to trace the boy's whereabouts”, the court said in its order.

The HC has asked the police to file a detailed reply by February 9.

New Delhi: While hearing a case on Tuesday, the Delhi High Court said that hereon police from any other state would not be allowed to make arrests in Delhi without informing the Delhi Police beforehand about the arrest. The bench of Justice Siddharth Mridul noted that of late, such incidents had seen an increase.

The order came while the court was hearing a Habeas Corpus plea filed by a woman from Delhi's Dwarka area, who alleged that on October, 2021 her son was taken to Telangana by the police from the latter state without producing him before the concerned magistrate in Delhi. The petition further said that even in Telangana, he was produced before a magistrate after a gap of 72 hours.

The woman also stated that her son had received bail back in November, 2021 but ever since has been missing.

Also read: Delhi Police arrest two arms suppliers ahead of Republic Day

Appearing for Delhi Police, advocate Sanjay Law said that the boy in question was staying under the jurisdiction of some other police station, and was also picked up at a place not under Delhi Police jurisdiction. Law further said that the petition in question should have been filed in the Telangana High Court.

Responding to the former's comments, the HC said that the police could not shy away from such situations.

“If someone files a petition, the Delhi Police will have to answer whether prior information about the incident was provided to them. If uninformed, they should have tried to confirm the occurrences with the Telangana Police. In case the latter says they have taken the boy away, what shall be the stand of the Delhi Police? It should not happen that no attempts are made from the Delhi Police's side to trace the boy's whereabouts”, the court said in its order.

The HC has asked the police to file a detailed reply by February 9.

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