The Delhi High Court has made an important comment regarding the arrest process, saying that the police cannot selectively arrest the accused in any case. The investigating agency will have to clearly state whether it wants to take a person into custody or not. While giving advice to the police, the court said that in the case of arrest, the attitude of 'pick-and-choose' i.e. selecting some accused as per one's convenience and taking action cannot be considered appropriate.
Court expressed displeasure over 'pick-and-choose' arrest
Justice Girish Kathpalia, in his order dated August 31, said that the police policy of selectively arresting some accused cannot be justified. The police should clearly state before the court whether it wants to arrest an accused or not. However, the court also clarified that it cannot direct the police to arrest a person or not to do so. But arbitrary or selective action in the matter of arrest must be condemned.
Hearing on bail plea of child trafficking accused
The Delhi High Court made this comment during the hearing on the bail plea of a person accused in a child trafficking case. Delhi Police had arrested the accused in the case in which an FIR was registered against him in the year 2024. The FIR contained charges under Section 370 of the Indian Penal Code (IPC), which deals with human trafficking, and Section 81 of the Juvenile Justice Act, which deals with trafficking of children.
What argument did the accused give for bail?
In his bail plea, the accused said that he has been in custody for about two and a half years. He told the court that the examination of all the government witnesses during the trial has been completed. In such a situation, there is no justification for keeping him in custody for a long time. The defense counsel claimed that the accused has been falsely implicated as he is the uncle of another accused in the case. The lawyer also told that the accused, to whom he is related, has already got bail. The defense also argued before the court that the police have so far not taken any concrete steps to arrest the alleged main accused in the case. On this basis, a demand was made on behalf of the accused for grant of bail.
Police assured the arrest of the main accused
Opposing the bail plea, Delhi Police said that the allegations against the accused are of serious nature. However, the investigating officer admitted before the court that practically no action has been taken so far against the alleged main accused in the case. The police assured the court that that person would also be arrested. According to the prosecution, a man and woman allegedly impersonated a married couple and adopted a baby girl and later sold her to another woman. It is alleged that after this the girl was sold to a third person.
Court angry over not being able to recover the girl
The Delhi High Court ultimately refused to grant bail to the accused. However, the court expressed strong displeasure over the police investigation, especially the failure to locate and recover the girl. The court said that the role of the investigating officers in this case has been very disappointing. The court expressed concern that till now the police has not been able to recover or rescue the girl who was allegedly a victim of trafficking. The High Court has directed the concerned Deputy Commissioner of Police (DCP) to take necessary steps for the recovery of the girl. Also, the court has asked to file the status report within four weeks.
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