New Delhi: Bhawna Bhati, daughter of Sunder Bhati against whom several criminal cases are pending, has approached the Delhi High Court against the Uttar Pradesh Police seeking a direction restraining them from making unwarranted and arbitrary domiciliary visits resulting in violation of her and her family members’ right to privacy and dignity recognized under Article 21 of Constitution of India.
The petition has sought a direction restraining the State authorities from taking any precipitative unlawful action against the petitioner.
The petition has also sought the issuance of directions that the residential property of the petitioner at Mayur Vihar, Delhi, should not be demolished as a punitive action, as such punishment is unknown in Criminal Law.
Justice Varma on Monday issued notice to the Delhi Police, and the Uttar Pradesh Police government on the petition moved by Bhawna Bhati. The Court has listed the matter on 2 August 2022 for further hearing. The Petitioner is a law student.
Advocate Divyesh Pratap Singh, the counsel for the petitioner, submitted before the bench that despite the direction given by the Delhi High Court in 2020, the UP Police personnel paid unnecessary and unwarranted domiciliary visits during night hours derogating her right to privacy.
Counsel for the petitioner also submitted that another bench in 2020 had directed that in the future, whenever the police need to conduct an investigation and in view thereof need to visit the petitioner’s residence, they shall ensure that the visit takes place between 7 am to 6 pm and that a lady constable would be present with them.
The High Court had also directed, “If the Uttar Pradesh Police needs to visit 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 the law, the counsel submitted.
Advocate Singh submitted that despite the direction of this High Court, on January 4, 2022, the Uttar Pradesh Police officials at around 7.30 in the evening forcibly entered the compound of the residential house of the petitioner. The Police official threatened the petitioner and her family that the action of demolition of property would be taken as the said property is the illegally acquired property. Further, the UP Police officials were not accompanied by the Delhi Police.
The Counsel for the Delhi Police also admitted the action of UP Police was not intimated to them.
The petitioner’s counsel submitted that the said property was legally bought by her grandfather in 1982. Since then the property is in the possession of the petitioner’s family and used for residential purposes. Any interference on the part of UP Police officials would amount to a violation of Article 21 of the Constitution of India.
The petitioner’s father has a few criminal cases and prosecution pending against him and he was committed to custody on September 29, 2014, and never has been released from custody.
It is pertinent to mention that neither the petitioner, nor her mother, nor her two brothers have even been implicated in any criminal case.
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