Violating the Supreme Court ruling and provisions of CrPC regarding custody of a female in night hours at police station, a Station House Officer (SHO) arrested a woman on charges of allegedly kidnapping a child at 11 pm. The policeman also lied of having Duty Magistrate’s order permitting to keep the woman in police custody. A lower court hearing the matter has now referred the matter to the Delhi High Court as the SHO’s action was construed as contempt of court.
Inspector Anil Dureja, the SHO of Sarai Rohilla Police Station, had arrested one Shamsha Begum at 11 pm in March, 2015 from her house in Madipur Colony and took her into custody after receiving information from another accused arrested in regard to a child’s kidnapping.
During the trial of the case, it was found that the SHO was not having any Duty Magistrate’s order which he had claimed while making the arrest and indulged in illegal detention of woman. The accused is under judicial custody in connection to the kidnapping and prosecution evidence has been recorded in the case.
NK Saraswat of Delhi legal Service Authority, also the counsel of the accused, stated that his client was illegally taken into custody. “As the matter related to dignity of woman regarding which the Supreme Court has already laid the guidelines in number of judgments including the judgment of ‘Sheela Barse vs State of Maharashtra’ 1983 and provisions laid in Section 46 (4) of CrPC, which the police officer violated,” Saraswat said.
Section 46 (4) of the CrPC says that in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist.
Metropolitan Magistrate Ajay Kumar Malik referred this matter to the Delhi High Court last week. Meanwhile, the SHO concerned has not uttered a single word in his reply regarding the contempt petition. He also prayed for the transfer of the case to some other court and requested for not being able to appear in court.