The Delhi High Court has expressed strong disapproval of the practice by police authorities to selectively arrest individuals accused in criminal cases. The court emphasized that this discretionary approach in arrests is unacceptable and must be abandoned, as noted in the case Rajkumar v State (NCT of Delhi).
Justice Kathpalia’s Remarks
Justice Girish Kathpalia, presiding over the matter, underscored the necessity for police to make clear decisions regarding the arrest of accused persons. The court cannot compel the police to arrest or refrain from arresting someone, but it can critique inconsistency in such policies. “The practice of selectively arresting certain accused individuals is unsanctioned. Police must unambiguously declare their intentions concerning the arrest of an accused,” stated Justice Kathpalia.
Case Background
The court’s observations came during the hearing of a bail application filed by Rajkumar, an accused in a child trafficking case. According to the prosecution, Rajkumar and a co-accused named Gayatri allegedly posed as a married couple to adopt an infant girl, who was later sold to another co-accused, Deepika, who further sold the child. The biological parents of the child already had five daughters, making this infant their sixth girl child.
Rajkumar’s legal representation contended that he was wrongfully accused due solely to his familial ties with Deepika, as her paternal uncle, and pointed out that the primary suspect, Dr. Kulvinder Kaur, remains at large.
Court’s Observations
Upon reviewing the case details, the court expressed dissatisfaction with the police’s lack of explanation regarding the non-arrest of Kulvinder Kaur. It also took into account the fact that Rajkumar did not have custody of the child, suggesting that the child may have been sold. Justice Kathpalia criticized the investigation, describing it as “highly appalling” due to the failure to recover the trafficked child two years after the First Information Report (FIR) was filed.
In response to the court’s concerns, the police assured that steps would be taken to apprehend Kulvinder Kaur. The court has tasked the Deputy Commissioner of Police (DCP) with the recovery of the child and requested a status report within four weeks. The court’s directive, which includes its observations on selective arrests, has been communicated to the DCP.
Advocate Shrikant Sharma represented Rajkumar in this case.
