The Delhi High Court has directed the Rajasthan Police to place on record an updated status report in a habeas corpus petition alleging violation of inter-State arrest protocols and unlawful detention of two accused persons, who were initially claimed to be minors aged 15 and 17 years.

 

A Division Bench of Justice Jyoti Singh and Justice Anish Dayal noted that serious issues had been raised by the petitioner, particularly with regard to alleged illegal apprehension, detention, and breach of inter-State arrest guidelines. The Court observed:

 

 

The petition was filed by a woman who alleged that her son and her relative’s son had been picked up by unknown men in civilian clothes from Delhi. According to her, the family could trace the whereabouts of the two boys only after repeated approaches to the Delhi Police. It later emerged that they had been taken to Pushkar, Rajasthan, in connection with a robbery case.

 

On the Court’s query, the Inspector from Pushkar, Rajasthan (appearing virtually), admitted that the Delhi Police had not been informed either before or after the arrests, contrary to established guidelines for inter-State police operations.

 

The Rajasthan Police submitted a status report indicating that the accused were produced before the jurisdictional Magistrate on September 30, within the statutory period, and were remanded to judicial custody. It also referred to a Medical Board report from JLN Hospital, Ajmer, which stated that both accused were above 19 years of age.

 

The Superintendent of Police, Ajmer, also appeared through video conferencing and informed the Court that an inquiry has been initiated against the concerned police officials. He assured that the report would be completed by October 8 and emphasized that the matter would be dealt with responsibly and sensitively.

 

The petitioner’s counsel sought preservation of CCTV footage from the location in Delhi where the two individuals were apprehended.

 

The Bench directed the Rajasthan Police to file an updated status report along with the inquiry report, serving advance copies to both the petitioner and the Delhi Government’s Standing Counsel (Criminal).

 

Additionally, the Court ordered:

• Inspector Ashu Girotra, SHO, PS Hari Nagar, Delhi to file the relevant CCTV footage in a pen drive along with still photographs, sealed and submitted to the Court.

• The footage must be preserved until further orders.

 

The Court clarified that the pendency of the habeas corpus petition would not prevent the accused or the petitioner from pursuing remedies before the competent jurisdictional courts.

 

The matter is now listed before the roster bench on October 8.

 

The petitioner alleged that the detained boys were relatives of Deva Pardhi, who had recently died in the custody of the Madhya Pradesh Police—a matter now before the Supreme Court, where the State has faced criticism for failing to take action against erring officials.

 

It was further alleged that Pardhi’s relatives were being targeted and assaulted for pursuing action, and that the arrest of the two boys was part of this backdrop of harassment. The petitioner emphasized that inter-State arrest guidelines mandate allowing an accused to consult a lawyer before removal to another State, but claimed that none of these safeguards were followed.