VIKRAM SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The background to the petition is that Respondent No. 10 who is the wife of Petitioner No. 1, and daughter-in-law of Petitioners 2 and 3, filed a complaint on 15th March 2008 with the Crime Against Women (CAW) Cell, Nanakpura, Delhi alleging commission of acts of cruelty by them attracting the provision of Section 498-A IPC and the Dowry Prohibition Act. On 28th March 2008 she also filed a complaint with the National Commission of Women (NCW), Respondent No. 3 herein. The Petitioners state that on receiving a telephonic summons from the Project Coordinator, Respondent No. 8, on 31st March 2008 they went to the office of the NCW on 1st April 2008 where, they allege, they were spoken to rudely by Respondent No. 8. On 8th April 2008, as Petitioner No. 1 was on his way to Dubai, he was "off-loaded' at the IGI Airport, and detained by the officials of the Foreigners Regional Registration Office ('FRRO'). The Petitioners allege that this was done at the instance of Respondent No. 8 who wrote a letter to the DCP, FRRO who then issued a Look-out Circular ('LOC') on the basis of which Petitioner No. 1 was 'off-loaded' and detained at the IGI Airport on 8th April 2008. It is alleged that Petitioner No. 1 was "made to stand in solitary confinement in a toilet, causing untold harassment, humiliation and infringement of his fundamental rights guaranteed under the Constitution of India. His passport was stamped with the remarks 'Off loaded-deported due to criminal complaint' albeit there was no criminal case pending against him nor any FIR was registered. He was released only after intervention by his solicitor."

(2.) At the time that an LOC was issued against the Petitioner No. 1 at the instance of the NCW, no FIR had been registered. That was done on 11th August 2008. The Delhi Police then requested on 15th April 2008 to issue an LOC. Later, on the directions issued on 16th April 2008 by the Court of the Additional Sessions Judge, who granted the Petitioners anticipatory bail conditional upon their not leaving the country, the LOC was withdrawn on 22nd April 2008.

(3.) In the circumstances, the present petition was filed on 10th July 2009 praying for the following reliefs: