Court Nri Father Imagination Missing Woman Found Alive Canada

The Punjab and Haryana High Court recently dismissed a plea seeking a fresh probe into the alleged disappearance and murder of a woman after finding that she is alive and residing in Canada, rejecting her maternal uncle’s claim that she had been killed by her father, an NRI settled in Germany, as a mere “figment of imagination.”

Justice Surya Partap Singh observed that the police had thoroughly verified the woman’s whereabouts through passport records, immigration data and video-call verification, adding that since she is alive, the question of prosecuting anyone for her murder does not arise.

“It is apparent that every possible effort has been made by the investigating agency to trace out the whereabouts of the ‘woman ‘, and apparently it is only the figment of imagination of the petitioner that she has been killed by her father and other co-accused,” the June 5 order read.

The high court was hearing a petition filed by the woman’s maternal uncle, seeking the constitution of a special investigation team (SIT) to probe the alleged disappearance of his niece.

It was claimed by the petitioner in his petition that the marriage of his sister was solemnised with a man in 1978 and they later had a daughter.

According to the petitioner, in 1985, his brother-in-law settled in Germany, where he solemnised a second marriage with another woman without any information to his former wife and daughter.

The petitioner further alleged that when his sister came to know about the said marriage, her relationship with her husband became sour.

The petitioner alleged that in October 2012, his brother-in-law got his niece married without informing his sister or her parental family. A few months later, in January 2013, it was claimed that the petitioner’s sister and his niece allegedly went missing.

Following a complaint lodged by the petitioner’s father, a missing report was registered, which was later converted into an FIR for murder in relation to his niece’s disappearance.

The petitioner further alleged that once the FIR was lodged half-heartedly, a lopsided investigation was conducted by the police and for nine years, his brother-in-law and other co-accused could not be arrested and, therefore, they were declared proclaimed offenders.

The petitioner alleged that no efforts were made by the police either to trace out his niece or to prosecute his brother-in-law and the other co-accused for the murder of her niece.

Hence, he filed the present petition seeking a direction to submit a status report in the matter, or a direction for constitution of a ‘special investigating team’ of senior police officers posted outside the district of Ludhiana.

Appearing for the petitioner, Senior Advocate Jasdeep S Gill argued that simply because the culprits are NRI wealthy people and they were having fiduciary relationships being father and cousin of the missing girl, no action was taken by the police.

It was added that the same lacklustre attitude of the investigating agency is continuing, and despite the lapse of more than 13 years, neither the whereabouts of the missing girl were traced nor the culprits have been prosecuted for her murder.

It was further contended that instead of performing their statutory duty and tracing the missing girl, the police have been believing a theory which any common person of normal prudence will not believe.

Deputy Advocate General J S Thind pointed out the immigration records showing that the woman had travelled from India to Canada and also relied on statements of two of her close relatives, who identified her during a video call conducted in the presence of police officials.

He added that this incident proved that the petitioner has generated an altogether false story concerning the murder of his niece.

It was added that the fact that the woman is still alive stands proved in view of the fact that she got issued a passport in her own name and went to Canada.

Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More