Thursday, February 2, 2023

Allahabad High Court directs Sitapur SP to submit report on illegal detention of youth

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The Lucknow Bench of the Allahabad High Court while taking a strict stand in the matter of illegal detention of a youth in police station without due process, has directed the Superintendent of Police, Sitapur to investigate and submit a report within 10 days.

The Division Bench of Justice Rajan Roy and Justice Syed Waiz Mian passed this order while hearing a Habeas Corpus Petition filed by Ramu through his mother Rekha Devi.

In response to queries of the Court in the earlier order Umesh Chandra Verma, AGA informed the Court that on 06.06.2022 medical examination of the girl had been got conducted by the Court below and the girl was found to be age of 17-19 years based on the ossification test, however, subsequently the girl was produced before the Child Welfare Committee which on 16.06.2022 ruled that the child was of about 16 years of age on the basis of Class VIII Transfer Certificate, accordingly, the girl was sent to a protection home.

The counsel for the petitioner submitted that after the order dated 25.05.2022 was passed by the Court in writ petition bearing Criminal Misc Writ Petition No 2139 of 2022; Jaintri Devi and Ors Vs State of U.P and Ors when the petitioner went to serve a copy of the said order in the police station the petitioner in the said writ petition was detained by the police.

The counsel for the petitioner says that he was detained till 16.06.2022 and was released in the morning of 17.06.2022. He  further says that the said detention was clearly illegal.

On being asked by the court, Pradeep Pandey, the IO of the case, accepted the fact that the boy had come with the order of the Court on 30.05.2022.

On being asked as to how long he remained in the police station, he said that he went away after one or two days, however, he is unable to give any explanation as to in what capacity the boy remained in the police station for those one or two days.

The IO informed that CCTV Cameras are also installed in the police station. On being asked as to whether they are functional, he informed that in the absence of electricity they are not functional. On being asked as to whether any entry was made in the GD with regard to the aforesaid detention or stay as he says of the boy Ramu for the said one or two days, he submitted that no such entry has been made.

The Court directed the Superintendent of Police, Sitapur to conduct an inquiry and submit a report before the Court within a period of 10 days. The Officer, who is present, shall again be present on the next date.

The Court has fixed the next hearing of the petition on July 6, 2022.

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