SC pulls up Delhi Police for ‘negligence’ as Russian mother flees India with minor

The Supreme Court on Friday pulled up the Delhi Police for their “sheer negligence” that led to a Russian woman, fighting a child custody battle with her estranged Indian husband, to flee India via Nepal.

Describing it as nothing but “sheer negligence” and “failure” of the Delhi Police, a Bench of Justices Surya Kant and Joymalya Bagchi lamented that despite its May 22 direction to keep a discreet but strict vigil on her, the Russian woman managed to flee India with the minor.

Warning that it will not spare the local Station House Officer (SHO) and the Deputy Commissioner of Police (DCP) for the “negligence”, and if needed, it will summon the Commissioner of Police, the Bench gave 10 days to the Delhi Police to file a fresh status report with tangible action to bring the child back.

“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,” it said, noting that it was not that simple matrimonial dispute. The Bench asked the authorities to get in touch with the Indian Embassy in Moscow to bring the minor back to India using diplomatic channels.

A Russian citizen residing in India since 2019, the woman initially came to India on an X-1 Visa, which expired subsequently. However, during the pendency of the proceedings, the court had directed the extension of the visa from time to time. Her Indian husband told the court that his estranged Russian wife and the child have been missing since July 7.

“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 or 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 top court said.

“It is a case of complete failure or sheer negligence on part of the Delhi Police or a case of hobnobbing… How did she manage to leave the house with a child?" the Bench asked Additional Solicitor General Aishwarya Bhatti, representing the Delhi Police.

Bhatti said the 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.

Terming the failure on part of the Delhi Police as “flagrant violation" of its order, the Bench asked Bhatti to take the help of Interpol and if needed, the court will pass necessary orders.

“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.

On July 17, the court had directed the Delhi Police to forthwith trace the child and asked the Centre issue a look out notice for her. On July 18, it had asked the Ministry of External Affairs and the police to probe if the Russian embassy officials helped the woman in leaving India on a different passport.

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.

Terming it “unacceptable”, and “gross contempt of court”, the Bench said it would be forced to pass some harsh order and direct the issuance of a red corner notice against the woman and the child.

Delhi