The Supreme Court on Friday slammed the Delhi Police for their failure to act promptly in locating a Russian woman, Victoria Basu, who fled the country with her four year old child, who was born out of wedlock to her Indian husband Saikat Basu , amid an ongoing child custody dispute.
In what can be seen as a strongly worded observation, the Apex Court blamed the Delhi Police for what it chose to describe as "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. SC also directed the Ministry of External Affairs (MEA) to reach out to the Indian Embassy in Moscow and seek Interpol's help to look out for the woman.
The top court took a strong exception and warned the Centre and the Delhi Police of "harshest of orders", observing that the child was "snatched away" from its custody. A bench led by Justice Surya Kant said that the woman was able to get away with the child due to "sheer negligence" on the part of the Delhi Police, who failed to act timely manner despite specific orders of the Supreme Court.The Supreme Court stated that since neither parent had been granted custody, the child was under the Supreme Court's custody. Despite this, the child was taken away by the lady.
"It's a child custody dispute case where the custody has not yet been give to either of the parents. The custody of the child was with the Supreme Court. The petitioner (Victoria) was able to snatch the child away from the custody of the Supreme Court", the bench said during the hearing.The bench also remarked that the Delhi police is "equal partners" in violation of the top court's earlier order, where it had directed the Delhi Police to maintain a discreet but effective vigil over the residential premises of both parties.
"What have they been doing, the Delhi Police? From July 7-14 (when the petitioner woman is alleged to have been fleeing) is the most crucial time when they failed to act. What is their explanation for that? They should have done something", the Court said during the hearing.Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Union government and the Delhi Police, stated that the Central Ministries of Home Affairs and External Affairs have filed their status reports with regard to the issue, in compliance with the Court's earlier orders.
However, the top court wasn't impressed by the submissions made on behalf of the Delhi police. It questioned the police's inaction despite having specific orders from the Court to take urgent action in the matter."Look at the report. This lady was still travelling. She was on the road. She must have been having a night stay somewhere. They should have been able to trace her. She was clearly 4 days in Kathmandu", the court said, expressing its displeasure over the police authorities.
The top court also questioned why the Delhi police were not able to contact the International Airport authorities in Nepal in order to trace the fleeing accused. The top court said that all airport authorities around the world have contacts with the Interpol, which could have assisted the Indian authorities in the matter.
The Court ultimately directed the Delhi Police to coordinate with the Indian embassy in Moscow and with the Interpol in order to trace the woman and the child. The Court also warned that it will issue harsh directions in the matter if the Delhi police fails to comply with its order.
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