HC seeks Delhi Police stand on petition alleging illegal arrest, torture

The Delhi High Court has sought the stand of the city police on a petition seeking enquiry and action against its officers for alleged illegal arrest, physical assault and torture of a man apprehended in a case of attempted murder last month.

Justice Vikas Mahajan issued notice on the petition by the wife of the alleged victim claiming "police transgressions" and directed that relevant CCTV footage, including those from the police station concerned, be preserved and placed on record.

The petitioner has alleged her husband was "illegally" arrested around 1 AM on November 16 by a team of police officials in mufti who did not present a warrant of arrest, notice or documentation, and was subjected to physical abuse and public humiliation.

"Issue notice. Let the status report be filed before the next date," the court said in its order dated December 12.

"It is directed that the CCTV footages of all the cameras specified shall be preserved and the same may be placed on record before the next date," it ordered.

The counsel for the petitioner, advocate M Sufian Siddiqui, argued that the conduct of the police officials was in flagrant violation of the fundamental and human rights of the petitioner's husband.

He submitted a person cannot be deprived of his fundamental rights under Article 21 of the Constitution even in custody, and police is under obligation to protect his human rights and prevent all forms of atrocity.

The petitioner claimed the incident necessitates a thorough investigation to unmask the culpable police officers, including some high-ranking officials, who tampered with "critical evidence" like CCTV footage at the police station and misused police and paramilitary resources.

"The petitioner's husband, Noman, fell victim to an arbitrary and illegal arrest on 16th November 2023, orchestrated by an unidentified cohort of police officers clad in civil attire from Special Staff, Kamla Market (Central District), constituting a direct assault on his constitutional right to life, liberty and procedure established by law," the petition said.

"Notably, on the same day, the sanctity of the 'Rule of Law' was further smothered when the CCTV surveillance system at P.S. Chandni Mahal was wilfully and audaciously tampered with during the time when they were subjected to physical assault and torture... Adding to the litany of transgressions, much to their chagrin, in an unprecedented display of authoritarian excess, Noman and Nafees (who was also arrested) were thrust into a reprehensible public humiliation spectacle, i.e. they were paraded within their locality on the same day, orchestrated by an overwhelming force of over 200-250 police officers and paramilitary personnel viz. Rapid Action Force," it added.

The plea alleged that after almost 36 hours of the arrest and detention, Noman was produced before a magisterial court who sent him to judicial custody in a false case registered for alleged commission of offences under the Indian Penal Code, including attempt to murder.

The plea said the petitioner and her husband have been unlawfully deprived of their right to live with dignity by the delinquent police officials.

The matter will be heard next in February.