Delhi High Court Raps Rajasthan Police For Arresting Two Minors From Delhi Without Informing Local Police

In Sandeep Kumar v. State (Govt. of NCT of Delhi) and Others, (2019), a division bench of the High Court had issued guidelines that must be followed by the police of one State, when they go to some other State or Union Territory, to effect an arrest.

It mandates that before visiting the other State, the Police Officer must endeavour to establish contact with the local Police Station in whose jurisdiction he is to conduct the investigation.

The Petitioner had approached the Court in habeas corpus jurisdiction, alleging that her and her relative's son were picked up by “unknown persons dressed in civilian clothes” and they could trace the whereabouts of the children only after making several representations to the Delhi Police.

The children were taken to Pushkar in connection with an alleged robbery case. However, on a pointed query by the Court as to whether local police were informed before visiting Delhi or even thereafter during investigation or before arrest, the Inspector (Pushakr, Rajasthan) appearing virtually- answered in the negative.

The Standing Counsel appearing for Delhi government also confirmed that the Delhi police was not informed before taking the minors to Pushkar and that the guidelines laid down in Sandeep Kumar (supra) have been violated.

Significant to note that the kids' mother claims that they are relatives of Deva Pardhi, who recently died in custody of the Madhya Pradesh police. The matter is in Supreme Court and it recently slammed the MP Police for failing to arrest the accused officials.

It is claimed that Pradhi's relatives are being assaulted for seeking action against the Police and the mother claims that the two kids have been illegally detained in this backdrop.

She stated that as per inter-state arrest guidelines, the arrested person must be given an opportunity to consult his lawyer before he is taken out of State. However, it is alleged that none of these safeguards/protocols were followed in the present case.

As such, the Court has called for a detailed status report to be filed by the Standing Counsel for the State of Rajasthan.

“Looking at the backdrop of the matter as also the sensitivity involved, considering that S (minor) and the Petitioner are relatives of Deva Pardhi, it is directed that the status report will be filed under the signatures of Ms. Vandita Rana, SP, Ajmer, Rajasthan,” the division bench comprising Justices Jyoti Singh and Anish Dayal ordered.

The matter will now be heard tomorrow at 10.30 am.

Appearance: Mr. Archit Krishna, Mr. Maheshwari Mawase and Mr. Himanshu Kunjam, Advocates for Petitioner; Through: Mr. Sanjay Lao, Standing Counsel (Crl.), GNCTD (through VC). Ms. Priyam Aggarwal, Advocate for GNCTD. Insp. Ashu Girotra, PS: Hari Nagar. Insp. Dinesh Kumar, PS-Janak Puri. Mr. Vikram Singh Rathore, Inspector, PS: Pushkar, Rajasthan (through VC).

Case title: Kapoori Bai v. State

Case no.: W.P. (CRL) 3239/2025

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