The Allahabad High Court has asked the SSP Budaun by what legal authority had the station in-charge of Wazeerganj ordered to hand over the custody of an adult woman to a man.
A single-judge bench of Justice J.J. Munir passed this order while hearing a Criminal Misc Bail Application filed by Swale Raza.
The Court noted that during the course of investigation in NCR under Section 498 IPC, Police Station Binawar, District Budaun, the Station House Officer, Police Station Binawar, on May 25, 2021, has handed over the custody of Shivani Gupta, in accordance with her wishes after intimating the higher officials of the police to the applicant Swale Raza, the son of Iqbal, and Iqbal, the son of Mehndi Hasan, residents of Village Hathra, Police Station Wazeerganj, District Budaun, with the instructions that whenever necessary, Shivani Gupta and her daughter Ishika be produced before the police.
The Court observed it is unpalatable as to how the custody of an adult could be given to another adult, and that too, by a police officer. An adult is always free to go wherever he or she may wish to, but the act of handing over the custody of Shivani Gupta to Swale Raza, appears to be an act curtailing an adult’s liberty to stay wherever he or she wishes to, unhindered by the confines of another’s care or control. Here, Shivani Gupta has virtually been put under the care and control of Swale Raza.
“The Senior Superintendent of Police, Budaun, shall file his personal affidavit by day after tomorrow indicating under what circumstances, the custody of an adult could be handed over to another adult by the Station House Officer, Binawar, District Budaun and how he has permitted proceedings of this kind to be taken by his subordinates.
The Senior Superintendent of Police, Budaun shall also clarify that by what authority of law the Station House Officer passed a custody order, which a Court alone can pass.
Put up this matter day-after-tomorrow at 2 pm. By that time, the affidavit of the Senior Superintendent of Police, Budaun, shall be placed on record, without fail,” the Court ordered.