Cops flot court order, reunite girl with kin

Gujarat High Court on Tuesday has come down heavily on the Patan police for violating the laid down norms and handing over the custody of a missing girl to her mother after she was found, without informing the court.

Khantubanu had moved a habeas corpus in July pleading to produce her daughter before the court. It stated that though her minor daughter Rukhsana has gone missing since June, police have not been able to trace her. She suspected the hand of one Ratan in the matter and apprehended that he might harm her daughter as he has many offences registered against him (all names changed).

After six hearings, when police could not trace the minor girl, court in October had ordered Patan District Superintendent of Police to supervise the investigation.

Cops found her on October 29 and handed her custody to her mother even when the matter was pending before the court. If the corpus is found, it is the duty of the police to produce the girl before the court.

The court came to know about it on Monday when the matter came up for hearing and the petitioner's advocate informed the court. 

Irked, the seventh bench of justice Abhilasha Kumari and justice BN Karia directed the District Superintendent of Patan, Police Inspector, Police sub-inspector and lady constable to file an explanation that under which power they acted as court. It sought to know why the cops kept HC in dark and decided to hand over the girl to her mother.

The matter came up for final hearing on Tuesday, when the furious bench while disposing of the matter observed in the order, "Patan police officers have committed a mistake by handing over the girl to her mother, without producing her before the court. It was done in contrary to the court proceedings of which the police is well aware as it deals with court on a daily basis. If such mistake is repeated, court will no more show leniency and pass order for action."

The court orally observed, "We are avoiding the use of two words in order, 'flouting court procedure' and 'dereliction of duty', as it could invite trouble for the officers.

It noted in the order, "We understand the girl was found on October 29, which was a holiday. If police was not able to produce the girl before the court, it was its duty to inform the public prosecutor office, which in turn could have informed the court. The girl could have been produced before the court on the next working day."

The court also took the undertaking of the police officers containing the apologies on record and warned them to not repeat the mistake.

The HC added, "Even when police handed her over to her mother, it did not inform the court. Even the mother who was raising a hue and cry over her missing daughter, did not bother to inform the court that she has been found."

HC OBSERVATIONS

• Patan police officers have committed a mistake by handing over the girl to her mother, without producing her before court, a procedure they are well aware of. 

• We are avoiding the use of two words in the order, ‘flouting court procedure’ and ‘dereliction of duty’, as it could invite trouble for the officers.