1 day ago
Delhi High Court Criticizes Police Over Selective Arrests
A Delhi court heard a case about an infant who was allegedly sold.
The applicant and another person allegedly pretended to be husband and wife to adopt the baby.
The baby was later sold to another accused person.
The applicant said he was falsely accused and pointed out that nurse Kulvinder Kaur had not been arrested.
The court said police should not choose to arrest only some suspects.
Prosecutors said Kaur was an unqualified nurse and would be arrested.
The court refused to release the applicant on bail because it considered his alleged role very serious.
It also ordered police to rescue the girl quickly and report back within four weeks.
The court said being separated from her biological mother could seriously affect the child emotionally.
The Delhi High Court rejected bail for a co-accused in a 2024 infant-trafficking case.
The applicant allegedly impersonated a husband with another accused to adopt an infant girl who was later sold.
The court criticized police for not arresting nurse Kulvinder Kaur, alleged to be the main accused.
Prosecutors described Kaur as an unqualified nurse and said she would be arrested.
The court ordered the DCP to help rescue the girl and submit a report within four weeks.
- Who
- The Delhi High Court, Justice Girish Kathpalia, the applicant and other accused persons, including nurse Kulvinder Kaur.
- What
- The court denied bail, criticized alleged selective arrests, and ordered action to rescue an infant girl.
- Where
- The Delhi High Court in New Delhi.
- When
- The order was passed on August 31; the reports were published on September 1.
- Why
- The court said the alleged offence was grave and questioned why an alleged main accused had not been arrested.
Court and Prosecution Concerns
Defence Claims
Selective arrests
Court and Prosecution Concerns
The court said the State cannot selectively arrest some accused persons while taking practically no action against another alleged main accused.
Defence Claims
The defence highlighted that Kulvinder Kaur had not been arrested and used this point while challenging the applicant’s prosecution.
Applicant’s alleged role
Court and Prosecution Concerns
The court said photographs and other material prima facie showed the applicant accepting the infant in the presence of her biological parents, while he no longer had custody of her.
Defence Claims
The applicant denied the allegations, claimed false implication, and sought bail.
Bail and seriousness of allegations
Court and Prosecution Concerns
The court called the applicant’s alleged role highly appalling and said the gravity of the offence justified refusing bail.
Defence Claims
The applicant argued that he should be released because he had been falsely implicated.
Key facts
- Case
- A 2024 child-trafficking case involving an infant girl.
- Court
- Delhi High Court.
- Judge
- Justice Girish Kathpalia.
- Bail decision
- The applicant’s bail plea was rejected and he remained in custody.
- Alleged main accused
- Nurse Kulvinder Kaur had not been arrested at the time of the hearing.
- Prosecution position
- Prosecutors described Kaur as an unqualified nurse and assured the court she would be arrested.
- Rescue order
- The DCP was directed to ensure the girl’s earliest rescue and submit a report within four weeks.
Quotes
Justice Girish Kathpalia
Delhi High Court judge who issued the order
“Of course, 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.”
timesnownews.com
thehansindia.com
deccanchronicle.com
theprint.in
“It seems that now the State realizes the gravity of the alleged offence. I am of the considered view that merely because for some unknown reason, the police opted not to arrest one of the accused persons, the Court cannot shut its eyes to the gravity of the alleged offence.”
thehansindia.com
deccanchronicle.com
theprint.in
Sources
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