Allahabad High Court Orders Action Against Cop for Detaining Pregnant Woman

In a scathing indictment of police conduct, the Allahabad High Court reprimanded Uttar Pradesh police for mishandling the case of a pregnant woman who was taken into custody under questionable circumstances. Court, convened at 6:30 PM on November 29, 2024, criticized the investigating officer (IO) for actions deemed as an abuse of authority and a violation of the victim’s fundamental rights.

An FIR was registered in August 2021, alleging the kidnapping of the woman, then 21 years old. She had married a man shortly after leaving her home to attend an exam. Despite the marriage being registered days later, the investigation dragged on for over three years with negligible progress.

When the current IO, Anurag Kumar, took charge two months ago, he traced the woman to her Lucknow residence. Shockingly, without carrying the case diary or conducting due diligence, he took the visibly pregnant woman and her two-year-old child into custody, ostensibly to record her statement under Section 161 of the CrPC. The court observed that the woman was detained from 12:15 PM until the matter was mentioned before the bench, and she was brought to court.

Court expressed outrage over the blatant disregard for procedure and the victim's rights. It noted that a basic inquiry into the woman’s age and marital status, both documented in the FIR, would have rendered the allegations baseless. Furthermore, the court found no justification for detaining a vulnerable individual, especially a pregnant woman accompanied by a minor child, under such circumstances.

Highlighting the IO’s failure to act fairly, the bench, comprising Justices Attau Rahman Masoodi and Subhash Vidyarthi, labeled the investigation a "sham". They underscored that the officer’s actions constituted torture and violated the victim’s rights to personal liberty and privacy.

"Caution is bound to be observed more rigorously when the victim is a lady and that too at an advance stage of pregnancy," said the bench.

The High Court directed the Director General of Police to take immediate disciplinary action against the IO and report progress within three months. It also ordered the state to compensate the victim with Rs 1,00,000 within ten days for the harassment endured. Additionally, the court emphasized the need for guidelines to ensure sensitive handling of cases involving women.

The court’s intervention concluded with the woman being escorted back home by a female constable, with specific instructions for her safe return.

Furthermore, court posted the matter on December 11, 2024, directing the Director General of Police to report on the actions taken by that date, enabling the court to issue further necessary orders for the conclusion of the proceedings.

Case Title: Chandini Singh And Another Thru. Brijendra Pratap Singh Vs. State Of U.P. Thru. Prin. Secy, Home Deptt. Lko. And 4 Others