Go heavily down to the police for a delay in registering an FIR in the case where a woman died after jumping out of the Signature Bride in the nation’s capital, a Delhi court ordered therapy sessions for parents while acknowledging the excruciating pain of losing a daughter.
The father of the woman had filed a complaint on June 24, 2021, after her disappearance and had named a certain Ayush Panwar as the accused in the case. He had filed another complaint against Panwar for allegations of aiding and abetting suicide, but police did not register an FIR, the court noted. The woman’s body was recovered from the Yamuna River. The family alleged that the cops refused to register an FIR despite visiting the police station for 15 to 16 days.
The judge of the additional sessions Arul Varma, while denying the release on bail to the accused on September 28, said: “One can only imagine the anguish and the unbearable pain of the loss they would suffer. For the traumatic ordeal and agony they endured and the sequelae they still suffer from, it becomes imperative for the family as a whole to attend therapeutic sessions that would also involve counseling.
The court ordered the secretary of the Central District Legal Services Authority to direct the relevant authorities for the counseling sessions.
The court added that “this lack of apathy associated with dereliction of duty and disobedience to the law of the land as defined by the Supreme Court … deserves not only the strictest condemnation, but also the invitation to prosecution. judicial proceedings against Delhi police officers ”.
Relying on the Supreme Court’s guidelines on compulsory registration of an FIR, the court reported the misconduct of the police to the disciplinary authority and asked them to take strict action in accordance with the law, which may include a suspension for departmental proceedings.
The court said the delay in registering the FIR “is of significance given that CCTV footage from the relevant date could not be retrieved.” “Thus, it is evident that a piece of vital evidence may have been lost due to the delay in registering the FIR, and in the conduct of the investigation thereafter,” the court added.
The court further noted that the “hapless father” had approached the Delhi Commission for Women (DCW) with a complaint alleging that the police had only made one entry in the General Journal (GD) and “no” had not even noted the name of the accused ”.
The investigating officer (IO) in charge of the case said the delay was due to an investigation by special staff.
The court relied on numerous orders made in the case relating to the death of actor Sushant Singh Rajput. “Thus, the opening of an investigation procedure should not have hampered the registration of an FIR, this also in a complaint as a missing person,” the court noted.
The court declared that the reasons given by the IM for delaying the registration of the FIR “lack not only legal, but also moral justification”.
“A father lost his daughter and would be in great grief. Nothing can be more devastating than losing a child. This grief can be exacerbated by a feeling of injustice. Failure to register an FIR as alleged perpetrators would have caused unimaginable anguish to parents and they would have found themselves helpless and harboring a deep sense of injustice. Despite this, the conduct of the police authorities prima facie reflects the adoption of an insensitive and cavalier attitude insofar as they have shown reprehensible insensitivity during the treatment of this complaint ”, indicates the order.