Delhi High Court
Bhawna Bhati vs State(Nct Of Delhi) & Anr. on 27 July, 2020
SINDHU KRISHNAKUMAR
27.07.2020 23:00
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 27th July, 2020
+ W.P.(C) 3628/2020 & CM APPLs. 12926/2020, 12927/2020
BHAWNA BHATI ..... Petitioner
Through: Mr. Divyesh Pratap Singh, Ms.
Deeksha Gaur & Mr. Shantanu
Sharma, Advocates (M-9999091167)
versus
STATE (NCT OF DELHI) & ANR. ..... Respondents
Through: Mr. Satyakam, ASC for R-1 & 2 with
SI Neeraj, PS Pandav Nagar
Mr. Anil Mittal, Advocate for UP
Govt. (M-981006442)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been held through video conferencing.
2. The Petitioner has filed the present petition challenging the arbitrary
domiciliary visits to her residence by the police. According to her, this is
violative of Article 21 of the Constitution of India. Mr. Divyesh Pratap
Singh, ld. counsel for Petitioner submits, that the Petitioner is living in the
said premises along with her mother and despite the fact that only two ladies
are residing in the premises, no lady constable has been accompanying the
visiting police team.
3. On the last date of hearing, Delhi Police had appeared and submitted
that as per the status report which they had obtained, they were informed
that visits were made by the Uttar Pradesh Police to the Petitioner's
residence in the context of investigation against Mr. Anil Kumar Bhati, who
Signature Not Verified
Digitally Signed
Signing Date:27.07.2020 21:36
is the cousin of the Petitioner.
4. On 19th June, 2020, notice was issued to the Director General (Police),
Government of Uttar Pradesh to file the status report. The status report has
been filed and today, Mr. Anil Mittal, ld. counsel has appeared for DG
(Police), Govt. of U.P. Mr. Mittal, ld. counsel submits that Mr. Anil Bhati is
required in two FIRs which are being investigated by the Gautam Budh
Nagar, Noida Police and it is submitted that in the context of this
investigation, the police had visited the premises of the Petitioner.
5. Mr. Divyesh Pratap Singh, ld. counsel submits that Mr. Anil Bhati
lives in a different building, situated opposite the house of the Petitioner and
their flat numbers are separate. Thus, the Petitioner should not be disturbed
in any manner.
6. After hearing all the ld. counsels for the parties and perusing the stand
of the parties, it is directed that in future, whenever Police needs to conduct
any investigation and in view thereof needs to visit the Petitioner's
residence, they shall ensure that the visit takes place between 7:00 am to
6:00 pm and that a lady constable would be present with them.
7. Further, if the U.P. Police needs to visits the premises of the
Petitioner, they shall be accompanied by the Delhi Police, since the premises
are located in Delhi. Any such visits shall be in accordance with law.
8. The rights and remedies of the Petitioner are left open. With the above
observations, the present petition is disposed of. All pending applications are
also disposed of.
PRATHIBA M. SINGH, J
JULY 27, 2020
Rahul/A
Signature Not Verified
Digitally Signed
Signing Date:27.07.2020 21:36
