HC raps police for casual probe in woman’s disappearance case

Nearly nine years after a young woman disappeared, the Punjab and Haryana High Court has rapped the police for conducting the investigation in a "casual manner" and failing to reach a logical conclusion despite multiple status reports.

Admonishing the investigating agency for its reluctance to probe crucial aspects of the case, the court has now transferred the matter to the CBI. "Facts narrated in petition clearly indicate that investigating agency took representation filed by petitioner in a casual manner, as a result petitioner, along with her husband and other family members, tried to search Anu Kumari at their own level," Justice Amarjot Bhatti asserted.

The Bench, during the course of hearing, was told that Anu Kumari, daughter of petitioner Kanta Devi, went missing in 2016. She had stepped out of her house in Panipat to collect clothes from a shop but never returned. Her mother lodged a complaint the same day and an FIR for kidnapping was registered the next day.

Taking note of the absence of any meaningful police effort, Justice Bhatti said the "petitioner was running pillar to post seeking justice for her daughter". Over the years, nine status reports were filed in court, yet Anu Kumari remained untraced. Instead of focusing on the missing person probe, the investigating agency abruptly filed a challan for stalking and criminal intimidation under Sections 354-D and 506, IPC, along with the SC/ST Act provisions, while sidestepping the primary issue of tracing her.

Questioning the adequacy and fairness of the police probe, the Bench asserted: "While dealing with direction matter for transfer of investigation from one agency to another, it is to be assessed whether the current investigating agency portrayed inadequacy in investigation or prima facie appeared to be biased. The investigating agency is required to investigate each case in a professional and ethical manner. Deficiency in investigation can be perceived from the facts and circumstances of the case and the manner in which investigation was handled by the investigating agency."

Slamming the police for its lackadaisical approach, the Bench observed, "Facts of the case as detailed in petition clearly indicate that initially there was reluctance on the part of the investigating agency to probe the facts detailed in representation dated August 8, 2016."

The Bench also observed that transferring the probe to an independent agency became necessary in cases where investigative failures led to miscarriage of justice. "Facts and circumstances of case are covered under exceptional circumstances, when the court, in order to prevent miscarriage of justice, should direct transfer of investigation to the CBI to discover the truth. Ultimate purpose of transfer of investigation is to uphold justice delivery system," the order read.

Directing immediate transfer of case records, the court asked the CBI to assign the matter to an appropriate officer for expeditious investigation.