Courts should not entertain frivolous petitions filed to arm-twist police officers: Delhi High Court

The Delhi High Court recently observed that it is the duty of the courts to ensure that frivolous petitions filed to interfere with the investigation and arm-twist police officers ought not be entertained (Miss J Through Her Mother and Anrs v. Commissioner of Police and Ors)..The observation came from Justice Subramonium Prasad in an order dismissing a petition seeking police protection for two minor girls as well action against a woman police officer for not doing a fair investigation into allegations of rape made by them. The petition also sought compensation of ₹10 lakh and government jobs for both the alleged victims..“It is the duty of the State to provide protection to every citizen of the country but at the same time this Court has to ensure that frivolous petitions, which are filed only to interfere with the investigation and to arm twist the Police officers, ought not to be entertained,” the Court held..Justice Prasad was informed by the counsel for the petitioners that the Sub-Inspector (SI) in charge of the investigation came to the victims' house and threatened them and their parents for filing a baseless case.The government counsel, however, told the Court that the allegations levelled by the two minors against one Sunil Gupta of abduction and rape do not hold up since the CCTV footage as well as Call Detail Records suggested that on the days they were alleged to have been abducted, they were in continuous touch with their parents. The Court was also informed that a feud had been going on between the two families for a long time.The State further submitted that the accused Sunil Gupta was on duty at his workplace on the day of the incident while the complainants were in a Ludhiana hotel with two of their male friends, a fact corroborated by CCTV footage, the guests’ entry register as well as the photographs they uploaded on their social media profiles..After going through the statements and materials, Justice Prasad found that the investigation in the case has been done in a fair manner and that the proceedings are being used by the family of petitioner to suborn and exert pressure on the police.“It appears to this Court that the family of the petitioners is using the present proceedings as an apparatus for attempting to suborn and exert pressure on the police to investigate and deal with other cases in a particular manner. The instant petition is a ruse to arm-twist the Policemen,” read the order..Justice Prasad further said that there was no case to direct the respondents to provide for compensation of ₹10 lakh each to the two complainants, nor was it a right of the petitioners to ask for government jobs..Advocate Abhishek Anand appeared for the petitioners in the case. The State was represented by Additional Standing Counsel Rajesh Mahajan along with Advocate Jyoti Babbar..[Read Order]