SC pulls up Delhi Police for failing to trace missing Russian woman

Hindustan Times

5 days ago

The Supreme Court on Friday blamed the Delhi Police of sheer negligence and adopting a casual approach in tracing the missing Russian woman accused of leaving the country with her minor son in defiance of court orders. The court noted that no FIR was lodged even when the case also involves removing the child from custody of court and forging the child's Indian passport. (ANI)
The apex court pulled up the police for being equally guilty of neglecting its order of May 22 by which they were directed to keep a close watch on the woman while granting her shared custody of the child. However, she left the country on July 8. Even on being told by the child's father on July 7 that the woman was missing, the court noted a 'lack of sensitivity and responsibility' on part of the police to take immediate efforts to trace her.
The bench of justices Surya Kant and Joymalya Bagchi said, 'The Delhi Police is equally a partner in violation of this court's order...The child has been snatched from the custody of the Supreme Court of India. The police and ministry officials are taking it lightly, thinking that a child has been taken away by the mother in a matrimonial dispute.'
The investigation report submitted by the police in court detailed how the woman, Viktoria Basu, travelled in a taxi from Delhi on July 7 and reached Bihar on July 8. The same day, she crossed over to Nepal, and remained there for four days till she boarded a flight to Sharjah on July 12 and onwards to Russia by an Air Arabia flight.
The court noted that till date, no first information report (FIR) has been lodged even when the case also involves removing the child from custody of court and forging the child's Indian passport, when the original is lying deposited with the court.
Indicating stern steps may follow on the next date, the bench said, 'Before we take any harsh action, the authorities are well advised to establish contact with the Indian Embassy in Russia and with Interpol and apprise this court of the process they intend to adopt for producing the child before this court.' The matter has been kept for further hearing after 10 days.
The court said it had exercised its parens patriae (parent of the country) right, as nobody, neither the father nor mother of the child, was granted full custody by the May 22 order. It also questioned why police did not probe the forgery of the child's passport.
Additional solicitor general (ASG) Aishwarya Bhati, representing the Centre, told the court that the police, and the ministries of external affairs and home affairs have established contact with authorities in Nepal, Sharjah and Russia through diplomatic channels to get details of the woman and the child.
The court said 'this is hardly of any consequence now,' as authorities have confirmed information that she has travelled to Russia. Bhati said that there is no confirmation that she is still in Russia. The court enquired why the Indian Embassy in Russia has not been asked to verify this information using local contacts.
'Between July 7 (complaint of woman's disappearance) and July 14 (confirmation of her escape from India) what have you done? It is we who have been suggesting you to go through Nepal. What has the Delhi Police done except giving an impression they were hobnobbing. Is this not a case where the Delhi Police clearly failed in their duty?' the court asked Bhati.
The ASG told the court that till July 18, even the police did not know the woman's whereabouts.
The court responded: 'That is because you did not make any effort.' It also questioned why the CCTV footage outside her house from the day she was reported missing was not checked.
'There is a complete lack of sense of responsibility, sensitivity and sheer criminal negligence on part of the police,' the bench observed, adding, 'We are not going to spare the station house officer and the deputy commissioner of police (south district). They have not shown due care to implement our orders.'
The incident even raised concerns over the plan of action available with the Centre on how to respond in such a situation, the court remarked.
Besides the police, the MHA and MEA also submitted their reports to the court. ASG Bhati said that contact was established with the airline which Basu took from Sharjah to Russia. However, citing privacy issues, the airline authorities have not shared details.
The court said it was willing to issue any orders to facilitate response from the airline. 'Even the UAE will cooperate in such matters. No airline can claim privacy in a matter where a crime has been committed,' the bench said.
Basu in 2023 approached the court seeking custody of her son following a matrimonial dispute. But when several attempts of reconciliation failed, the court in May this year allowed shared custody of the minor son to the parents for three days in a week. Basu had come to India in 2019 and her visa was extended by the top court while passing the custody order.