The Delhi Police today received a dressing down from the high court for lodging a stalking case against a woman lawyer and allegedly dragging her out of her residence to arrest her despite the court's order against any coercive action.
The alleged assault on the woman lawyer by the police prompted the Delhi High Court Bar Association to call for a post-lunch strike today.
A bench of justices Siddharth Mridul and Deepa Sharma directed the Home Ministry and the Delhi government to "forthwith" take action in accordance with the law against the "delinquent officers" and file a report before the next hearing on January 5.
"How can you (police) lodge a stalking case against a woman? It cannot be done. This cannot be countenanced. We want the concerned officers here. We are not a banana republic. We want immediate action. If we permit police to function in this manner, then God help us," the bench said.
The court said it was "pained and disappointed" by the conduct of the police and added that if this was the practice followed in bailable offences, "then what would happen in non- bailable offences".
The court also questioned how the magisterial court twice cancelled the bail of the petitioner, Deepa Arya.
It directed the Delhi Police, especially the DCP of South District, to conduct a fact-finding enquiry into the matter and file a report as the officers involved were from the Safdarjung Enclave police station.
The DCP was also directed to keep in its custody all the relevant records pertaining to the FIR in question and the incident on December 18 evening, when the woman was dragged out of her house.
The bench also ordered the police to provide security to the woman till the next hearing.
The order was passed after the woman lawyer moved a contempt plea, seeking action against the errant officers for violating the high court's December 18 direction not to take any coercive action against her.
The high court had cancelled the non-bailable warrant against her and stayed the trial court order cancelling her bail in a molestation and criminal intimidation case against her and some others.
According to lawyers, including senior advocates Kirti Uppal and Vikas Pahwa, appearing for the woman, the molestation case was lodged against her in connection with a property dispute.
In the plea, filed through advocate Avadh Kaushik, the woman lawyer has claimed that the Safdarjung Enclave police broke open the main door of her house in Mayur Vihar-I and then dragged her out of her residence.
Her lawyers claimed that the high court's order yesterday protecting the woman from coercive action was passed before 4pm and was communicated to the investigating officer (IO) of the case.
However, he still proceeded to her house, broke it open and dragged her out, the lawyers claimed.
The IO, who came to the court after the bench ordered his presence, defended his actions, saying he received late the communication that the non-bailable warrant against the woman had been stayed or set aside.
He said he received the information after 5pm, and by the time he had arrested her but as soon as he came to know about the stay order he released her.
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