Delhi High Court Pulls Up Rajasthan Police | Orders Status Report on Alleged Unlawful Arrest of Two Minors from The National Capital
Safiya Malik
The High Court of Delhi Division Bench of Justice Jyoti Singh and Justice Anish Dayal today pulled up the Rajasthan Police for arresting two minors in the national capital without first alerting the Delhi Police. Deciding a habeas corpus plea under Article 226 of the Constitution and Section 528 of the BNSS, the Court noted a prima facie violation of the protocol laid down in Sandeep Kumar v. State (GNCTD) (2019), which obliges police from another State or Union Territory to coordinate in advance with the local police. The Bench directed the SP, Ajmer, to file a detailed status report and instructed Delhi Police to be kept informed amid concerns of unlawful detention.
The petitioner, a street hawker named Kapoori Bai, filed a habeas corpus petition under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking the production of her 15-year-old son S and her relative’s 17-year-old son R. She alleged that on 26 September 2025, at around 5:00 PM, both boys were forcibly taken away by unknown persons in civilian clothes from Dussehra Park near Bharti College, Janakpuri, Delhi, where she sold toys.
According to the petition, the family searched overnight but the boys did not return. Relatives approached the police stations at Janakpuri and Hari Nagar the same evening, but were not provided any information. On 27 September 2025, their counsel contacted the duty officer at PS Janakpuri, who stated there was no record of their detention. Attempts to lodge a missing persons complaint were unsuccessful.
When the matter came before the High Court on 29 September 2025, the State was directed to file a status report. The report later revealed that the boys had been arrested in Delhi on 29 September 2025 pursuant to FIR No. 246/2025 dated 12 August 2025 under Sections 331(4)/305(a) of the Bharatiya Nyaya Sanhita (BNS), registered at PS Pushkar, Rajasthan. The petitioner contended that the arrest was unlawful, particularly since the boys were minors and the Rajasthan Police had not informed the local police as required by the guidelines set out in Sandeep Kumar v. State (GNCTD) (2019), relating to inter-state arrests.
The Bench recorded that the Standing Counsel for GNCTD “confirmed that the local police was not informed before taking S and R to Pushkar and that the guidelines laid down by this Court in Sandeep Kumar (supra) have been violated.”
The Court questioned the Rajasthan Police officer about compliance with the inter-state arrest protocol and noted: “On a pointed query by the Court as to whether local police was informed before visiting Delhi or even thereafter during investigation or before arrest, the answer was in the negative.”
It observed that the guidelines in Sandeep Kumar v. State (GNCTD) required that “before visiting the other State, the police officer … must endeavour to establish contact with the local police station in whose jurisdiction he is to conduct the investigation … and that the arrested person must be given an opportunity to consult his lawyer before he is taken out of State.”
The Court took note of the sensitivity of the matter, as “S and the petitioner are relatives of Deva Pardhi, who had died in alleged custodial death … borne out from medical documents and corroborated during magisterial inquiry.”
The Bench recorded that age verification of the boys had not yet been completed, although medical examination was conducted on 29 September 2025.
The Bench directed: “a detailed status report needs to be filed by Standing Counsel, State of Rajasthan. Looking at the backdrop of the matter as also the sensitivity involved … it is directed that the status report will be filed under the signatures of Ms. Vandita Rana, SP, Ajmer, Rajasthan. The status report will be filed during the course of the day with copy to counsel for the petitioner. It is further directed that Mr. Rathore will keep SHO, PS Hari Nagar updated on the status of the case during the course of the day.”
The matter was listed for further consideration on 1 October 2025 at 10:30 AM.
Advocates Representing the Parties
For the Petitioners: Mr. Archit Krishna, Mr. Maheshwari Mawase, and Mr. Himanshu Kunjam, Advocates.
For the Respondents: Mr. Sanjay Lao, Standing Counsel (Crl.), GNCTD; Ms. Priyam Aggarwal, Advocate for GNCTD; Insp. Ashu Girotra, PS Hari Nagar; Insp. Dinesh Kumar, PS Janak Puri; Mr. Vikram Singh Rathore, Inspector, PS Pushkar, Rajasthan (through VC).
Case Title: Kapoori Bai v. State (NCT of Delhi) & Others
Case Number: W.P. (CRL) 3239/2025
Bench: Justice Jyoti Singh and Justice Anish Dayal
