The Delhi HC Selective Arrests ruling has highlighted the need for transparency and consistency in police investigations. Justice Girish Kathpalia criticised investigating agencies for selectively arresting some accused while leaving others untouched. The court said police cannot follow an arbitrary “pick and choose” approach when deciding whom to arrest.
Delhi High Court Questions Selective Arrests
The court made these observations while hearing a regular bail application filed by Rajkumar. The police accused him of involvement in an organised child trafficking network.
According to the prosecution, Rajkumar and co-accused Gayatri pretended to be married. They allegedly used this arrangement to secure the adoption of a baby girl.
The child was the sixth daughter of her biological parents. The accused allegedly sold the infant to another person named Deepika. Deepika then transferred the child to further buyers.
Defence Challenges Rajkumar’s Arrest
Advocate Shrikant Sharma represented Rajkumar. He argued that the police had wrongly implicated his client because of his family relationship with Deepika.
The defence also questioned the police decision not to arrest Dr. Kulvinder Kaur. The prosecution had identified Kaur as an alleged key figure in the trafficking network.
The court examined the case diary and found no convincing explanation for the failure to arrest her. Justice Kathpalia questioned the investigating agency over this apparent inconsistency.
Missing Infant Raises Serious Concerns
The court also focused on the fact that investigators had failed to recover the child.
The FIR had been registered two years earlier. Despite this lengthy period, the police had not traced the missing infant.
The court viewed this failure seriously. It observed that the child may have moved further along the trafficking chain.
The missing child also increased the seriousness of the allegations against Rajkumar. The court therefore declined to grant him regular bail.
Court Criticises Investigation
Justice Kathpalia described the performance of the investigating agency as highly appalling. He expressed serious concern over the failure to trace and recover the child.
The court also questioned the selective approach towards arrests. It clarified that courts do not normally have structural authority to order or prevent an arrest.
However, that does not give investigating agencies unlimited discretion. Police authorities must maintain a clear and consistent position on whether they intend to arrest an accused.
The Delhi HC Selective Arrests observations underline the importance of fairness and transparency in criminal investigations.
DCP Directed to Lead Recovery Efforts
During the hearing, the state prosecution assured the court that authorities would take immediate steps to arrest co-accused Kulvinder Kaur.
The court also directed the Deputy Commissioner of Police (DCP) to personally oversee efforts to recover the missing child.
Justice Kathpalia ordered the DCP to submit a detailed status report within four weeks.
The court also sent a copy of its order to the DCP’s office. The authorities must now address the concerns raised by the court regarding selective arrests and the failure to recover the child.
Key Takeaway
The Delhi High Court has sent a clear message to investigating agencies. Police cannot apply arrest decisions inconsistently without providing a proper explanation.
The ruling also stresses the need for effective investigation in cases involving child trafficking. Authorities must take timely action to protect victims and bring those responsible before the law.
