‘Sheer negligence on part of Delhi Police': SC on Russian mother fleeing India with minor

Hindustan Times

4 days ago

New Delhi, Aug 1 (PTI) The Supreme Court on Friday blamed the Delhi Police for "negligence" which led to a Russian woman, pitted in a bitter custody battle of her child with her estranged Indian husband, to illegally leave the country via Nepal border and asked the authorities to get in touch with the Indian embassy in Moscow to bring the minor back. The bench warned that it is not going to spare the local station house officer (SHO) and the deputy commissioner of police (DCP) for the "negligence".(ANI)
A bench of Justices Surya Kant and Joymalya Bagchi said despite express direction issued by the top court on May 22 to keep a discreet but strict vigil on the woman, she managed to flee the country with a minor, which is nothing but "sheer negligence" and "failure".
"The Delhi Police officials must have thought that it is a simple matter where a mother has taken her child and fled. Both police and ministry (MEA) have taken this lightly," the top court said, observing that it was not "that simple" matrimonial dispute.
"The child was taken by the mother from the custody of this court. It is not a case of a custodial dispute between parents of the child, whose custody has not been handed over to either the father and the mother. It was in exercise of our duty as parens patriae that we were resolving the issue and the child was in the custody of the court," the apex court said.
The bench warned that it is not going to spare the local station house officer (SHO) and the deputy commissioner of police (DCP) for the "negligence" and if the need arises, it will summon the commissioner of police (CP).
"It is a case of complete failure or sheer negligence on the part of Delhi Police or a case of hobnobbing. On May 22, this court directed the police to maintain a discreet but effective vigil over the residential premises of both parties.
"It was directed that women police officers shall be deployed for this purpose and shall be permitted to enter the woman's residence in case of any emergent situation, after associating with members of the local neighbourhood, to ensure transparency and fairness. Then how did she manage to leave the house with a child?" the bench asked Additional Solicitor General Aishwarya Bhatti, appearing for the Delhi Police.
Bhatti said authorities are trying to get information from Nepal, the UAE and Russia and are also seeking information from foreign airlines but they have not got any data as they say it is a matter of privacy.
"No foreign airlines can claim the right to privacy in matters of the commission of crime. She travelled from Delhi to Nepal border through Bihar by road which is an arduous task but the police got no whiff of it. She left the country on duplicate or forged documents as the originals are with the court and stayed in Nepal for four days but still the Delhi Police could not take any preventive measures," the bench said.
Terming the act of the Delhi Police as "flagrant violation" of the court order, the bench suggested that Bhatti take the help of Interpol and if need arises, the court will pass necessary orders.
It said authorities should make an effort to bring the child back to the country by exploring diplomatic channels and talking to the Indian ambassador in Moscow.
It gave 10 days to the Delhi Police to file a fresh status report depicting some tangible action to bring the child back.
On July 21, the top court was informed by the Centre that the Russian woman seems to have left the country with the minor via the Nepal border and might have reached her country through Sharjah.
The top court called the situation "unacceptable" and observed "gross contempt of court", and said it will be forced to pass some harsh order and direct the issuance of a Red Corner notice against the woman and the child.
On July 18, the Delhi Police claimed in the top court that the Russian mother has not left the country, at least through legal means.
The father is fighting the custody battle for the child with the estranged Russian woman and he alleges she was not complying with the court's order of custody of the minor.
The man claimed the whereabouts of the woman and his child were unknown.
On July 17, the top court directed senior Delhi Police officials to immediately trace a child and asked the Centre to issue a look-out notice with regard to the woman and the minor to ensure she did not leave the country.
The mother of the child is a Russian citizen, residing in India since 2019. She initially came to India on an X-1 Visa, which subsequently expired.
However, during the pendency of the court proceedings, the top court directed the extension of the visa from time to time.