Court's Strong Words on Selective Arrests

The Delhi High Court has deprecated the police for not arresting a nurse, allegedly the main accused in a 2024 child trafficking case, despite the gravity of the offence, asserting that police cannot 'pick and choose' whom to arrest. Justice Girish Kathpalia made the remarks while dismissing the regular bail application of an accused in the case.

"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," the court said in an order passed on August 31.

The court also termed the role of investigators as 'highly appalling' after noting that the allegedly trafficked girl child had not been recovered or rescued till date.

Background of the Case

The case stems from an FIR registered at Nangloi Police Station under Sections 370/34 of the IPC and Section 81 of the Juvenile Justice Act. According to the prosecution case, as recorded by the High Court, the accused Rajkumar and co-accused Gayatri allegedly impersonated themselves as husband and wife and took an infant girl in adoption. The infant was thereafter allegedly sold to co-accused Deepika, who in turn allegedly sold the child further.

The court noted that the infant girl was the sixth daughter in her biological family. It also observed that every time custody is taken away from the child, she suffers a 'tremendous dent in her psyche,' highlighting the psychological impact of repeatedly separating the infant from her biological mother and then from subsequent caregivers.

Failure to Arrest Main Accused

The High Court took particular exception to the fact that another accused, Dr Kulvinder Kaur, had not been arrested. When the court questioned the investigating officer about her status, it found that the police were 'taking practically no action' against her. The court asked the investigating officer to explain Kaur's status, noting that there was no explanation for the 'selective arrest' of the accused persons involved in the present case.

Following the court's observations, the prosecution counsel said Kaur was an 'unqualified nurse' and assured the court that she would be arrested. The State told the Court that it would ensure the arrest of Kulvinder Kaur. The court remarked that it appeared that the State had now realised the gravity of the alleged offence.

"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," Justice Kathpalia said.

Bail Application Dismissed

Rajkumar's counsel sought bail on grounds of custody for two-and-a-half years and all public witnesses examined. However, the court rejected parity with co-accused Deepika, reasoning that she was granted bail for different reasons and was not visible in photographs. The court noted that Rajkumar was visible in photographs while accepting custody of the infant.

The court formed a prima facie view that the infant had been sold by the applicant. It also directed that a copy of the order be sent to the concerned Deputy Commissioner of Police to look into the matter, to ensure that the girl child is rescued at the earliest. The DCP was directed to file a status report within four weeks.

The High Court dismissed Rajkumar's bail application.