Sexual assault case:HC expresses displeasure over Delhi police transferring case to Ghaziabad

  • | Thursday | 2nd December, 2021

New Delhi, Dec 2 (PTI) The Delhi High Court has expressed its displeasure over Delhi Police registering a zero FIR in a case of alleged sexual assault and then transferring the investigation to Ghaziabad, saying it is unfortunate when institutions meant to protect life and liberty are “quick to shirk their responsibilities” which weakens the trust of common citizens. Justice Subramonium Prasad said since one of the incidents of alleged forceful sexual assault had taken place within the vicinity of GTB Enclave police station here in east Delhi, it was sufficient for an FIR to be registered in the national capital and directed that the investigation be called back from Indirapuram police station in Ghaziabad, Uttar Pradesh.“This Court finds it unfortunate that institutions that are supposed to protect the life and liberty of common citizens are quick to shirk their responsibilities. This invariably weakens the trust of common citizens that are imposed in these investigative agencies,” the judge said in his order passed on November 30. The court was dealing with the petition filed by the sexual assault victim seeking a direction for an investigation into her complaint by the GTB Enclave police station and withdrawal of FIR from Indirapuram police station. It was the petitioner"s grievance that Delhi police registered a zero FIR based on her complaint instead of a regular FIR and transferred the investigation to Uttar Pradesh Police.A zero FIR is registered by a police station when the alleged crime does not occur within its jurisdiction and it is subsequently transferred to the police station where the alleged offence is committed.The prosecution defended the zero FIR on the ground that during her medical examination, the petitioner had informed that the last sexual relationship allegedly had taken place in Indirapuram.It added that the petitioner also did not provide any specific address or identify any place within the jurisdiction of GTB Enclave police station where the alleged sexual assault took place or specify any date or time of the alleged incident.However, the court said that when the material on record showed that one of the alleged incidents of forceful sexual assault had taken place in the GTB Enclave area, the police was obligated to register an FIR and not delve into whether the petitioner resided in the city or what was the specific time, date and place of the incident.“By embarking on the journey of trying to get the investigation transferred to Ghaziabad, Uttar Pradesh, Police Station GTB Enclave has displayed a failure in the dispensation of their obligation to take into account the seriousness and gravity of the offence that has been disclosed by the petitioner in the complaint,” the court stated.It observed that failure to register a regular FIR costs precious time, which could be utilised in conducting the investigation, and could also result in the destruction of important evidence.The judge said that mere disclosure that one of the incidents had taken place within the vicinity of GTB Enclave police station was sufficient for an FIR to be registered there.“This Court finds it irrelevant that the Petitioner is not a resident of Delhi. It is of the opinion that the mere disclosure that one of the incidents had taken place within the vicinity of Police Station GTB Enclave was sufficient for an FIR to be registered at that Police Station, and not a Zero FIR as was done in the instance case,” the court said.The court ordered that a regular FIR be registered by the GTB Enclave police station and investigation be conducted accordingly by Delhi police instead of Ghaziabad police. PTI ADS RKS RKS


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