Delhi HC raps cops for transferring sexual assault case to Ghaziabad without pro

Justice Subramonium Prasad said the failure to register a regular FIR cost precious time that could have been utilised in conducting the investigation and could have also led to the destruction of crucial evidence.

“It is unfortunate that institutions supposed to protect the life and liberty of common citizens are quick to shirk their responsibilities,” the Delhi high court said while strictly censuring the Delhi Police for its conduct in transferring a case of sexual assault of a woman to a police station in Ghaziabad.

The plea sought directions to the station house officer of the GTB Enclave station to continue the investigation by registering the FIR and withdrawing the one given to Indirapuram police station. (Getty Images/iStockphoto)

Justice Subramonium Prasad said the failure to register a regular FIR cost precious time that could have been utilised in conducting the investigation and could have also led to the destruction of crucial evidence.

“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 is imposed in these investigative agencies,” the court said in a 15-page judgment passed on November 30.

The observations came on plea by a woman resident of Ghaziabad, Uttar Pradesh, who alleged that she was sexually assaulted and raped in multiple places, including Delhi, over a prolonged period of time, spanning several years. The woman sought restoration of investigation by the GTB Enclave police station in Delhi, which she claimed had illegally transferred her case to the Indirapuram police station in Ghaziabad.

A Zero FIR can be lodged at any police station, irrespective of where the crime has taken place.

The plea sought directions to the station house officer of the GTB Enclave station to continue the investigation by registering the FIR and withdrawing the one given to Indirapuram police station.

Directing the GTB Enclave police station to register a regular FIR and investigate the case, the court said the GTB enclave police did not delve into whether the petitioner resided in the city or what the specific time, date and place of the alleged incident was .

“By embarking on a journey of trying to get the investigation transferred to Ghaziabad, station GTB Enclave has displayed a failure in 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 said.

It said that it is irrelevant that the petitioner is not a resident of Delhi and 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 at that station, and not a Zero FIR, as was done in this case.