Train Officials Asking Them To Strictly Adhere To Law & Inculcate In Them Sensitivity With Dispassionate Actions: Gujarat HC To State Police Academy

The Bench of Justice Sonia Gokani and Justice Sangeeta K. Vishen recommended so in a matter wherein a Lok Rakshak Dal (LRD) woman who wished to solemnize her marriage with a Muslim Man was called at the police station (by D.V. Tadvi, Police Inspector, Karanj Police Station, Ahmedabad) after sunset for recording her statement, on the next date.

Inter-Faith Marriage- Gujarat HC Directs Police To Escort Woman To Ahmedabad To Register Marriage, Questions Police For Calling Her To Police Station After Sunset

On 8^th February, the Court has asked the Police Inspector to file an affidavit in this regard and so accordingly, he pleaded that he holds the Court in the highest esteem and there cannot be any intention, much less any deliberate or willful intention on his part or any officers of the department to disobey or flout the directions of this Court.

He also tendered an unconditional apology and assured the Court that he shall be more careful in the future.

He further submitted that her mother wanted to meet her and so he was swayed by the emotional outburst and the health condition of the mother and called the Corpus to the Police Station.

It was also contended that she was not called alone, but she and the petitioner (Muslim Man) both were called as they agreed to meet the mother. Therefore, at night on 7.1.2021, they were called to meet the mother and brother both

Court's Observations

At the outset, the Court remarked,

"We are of the opinion that these are the moments which every officer faces routinely and that is where his training, his conviction and his adherence to the law would be required to govern him and the system."

The Court further opined,

"The law is amply clear for the safeguard of women, and here is the corpus, who herself was part of a protection force, who later on has married to the petitioner. Undoubtedly, she was with the petitioner all along and not called alone at the police station."

Further, considering the overall circumstances and his positive role pursuant to the directions issued by this Court on 8^th February 2021, where he made an attempt to mend his ways and tendered his unconditional apology and assured the Court not to repeat the same in future, the Court found it appropriate to put an end to the matter.

Thus, the Court said,

"We also recommend and expect the State Police Academy to indicate the need of strict adherence to law and the principles established under the law, as also inculcate sensitivity with dispassionate actions, to give fillip to the constituted ethos."

The officer concerned was directed to ensure the directions of this Court of police protection so far as the corpus is concerned and the petition, was, therefore, disposed of.

Case title - Samirkhan Faizullahkhan Pathan v. State Of Gujarat [Special Criminal Application No. 1404 of 2021]

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