In a significant rebuke to the Uttar Pradesh Police, the Allahabad High Court has imposed a ₹1 lakh fine for detaining an eight-month pregnant woman and her minor child for over six hours in connection with a three-year-old kidnapping case. The Court termed the conduct of the Investigating Officer (IO) as a “clear case of abuse of authority” and expressed shock at the violation of due process.
The Court’s intervention came in response to a Habeas Corpus petition filed by the woman’s husband, seeking her immediate release. A Bench comprising Justices Attau Rahman Masoodi and Subhash Vidyarthi noted that the woman was detained at a police station in Lucknow from 12:15 PM until 6:30 PM without justification.
“The victim who is carrying pregnancy of about eight months has … been subjected to torture by making her sit in the police station from 12.15 hrs until a mention was made before this court,” the Court observed in its November 29 order.
A Troubling Investigation
The detention stemmed from a First Information Report (FIR) registered in 2021 by the woman’s brother in Agra, alleging her kidnapping. At the time, the woman was 21 years old and had reportedly disappeared after attending an exam. She later married the man accused of kidnapping her, a day after her family reported her missing.
The Bench expressed surprise that no substantive progress had been made in the case over three years, apart from recording the informant’s statement. The Court noted that the IO, Sub-Inspector Anurag Kumar, only recently took over the case and chose to detain the woman without due diligence.
The Court castigated the IO for failing to carry the case diary, acting in the absence of male members at the woman’s house, and taking her to the police station along with her two-year-old child under the pretext of recording her statement.
“To say the least, we have no hesitation to put on record that the manner in which police duties were carried out by the Investigating Officer were far far away from the process of law,” the Court remarked, calling the investigation a “sham.”
Fundamental Oversights
The Court found the IO’s conduct particularly troubling given the woman’s age and marital status. It noted that the FIR itself mentioned her age as 21 years, rendering the allegations of kidnapping invalid.
“A simple query regarding her age and her marital status would have brought whole process of investigation to an end,” the Court stated. “The IO did not even apply his mind to the allegations… particularly the fact that the woman was 21 years old at the time of registration of the kidnapping case.”
The Court also highlighted the risk posed to the woman and her minor child, emphasizing that such actions go against established legal protocols for dealing with women in precarious conditions.
Strong Directives
In addition to ordering the State to pay ₹1 lakh in compensation, the Bench directed the Director General of Police (DGP) to investigate the matter and initiate appropriate proceedings against the IO.
“The action directed to be taken by the Director General of Police shall be apprised to the court on the next date of listing so that for conclusion of any such proceeding, the court may pass further orders as are necessary,” the Court stated, requiring the DGP to complete the process within three months.
The Bench further urged the State to issue guidelines to prevent such incidents, stressing the importance of protecting the rights of women during investigations.
The matter is scheduled for its next hearing on December 11, when the Court will review the steps taken by the State and the police authorities.
