15 March 2021 11:05 AM GMT
Supreme Court has on Monday refused to entertain a Habeas Corpus plea filed seeking protection of a girl in an inter-faith relationship with the petitioner, who is allegedly detained illegally by her parents and is under the treat of forceful marriage.A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian has asked the petitioner to approach the Allahabad High...
Supreme Court has on Monday refused to entertain a Habeas Corpus plea filed seeking protection of a girl in an inter-faith relationship with the petitioner, who is allegedly detained illegally by her parents and is under the treat of forceful marriage.
A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian has asked the petitioner to approach the Allahabad High Court instead.
During the hearing today, the Counsel appearing for the petitioner submitted before the Court that a Mandatory direction was given by SC in its judgement to make Special cells, but no special cells or protection houses have been formed.
"What we can't understand is do you think Allahabad HC can't pass directions!" the Bench remarked.
The Counsel responded stating that Allahabad High Court was on a strike at that point, and now it will take 10 days just to get the case listed. The Court asked the Petitioner to withdraw and approach the Allahabad High Court instead.
The present plea sought directions for compliance with Supreme court's 2018 judgement in case of Shakti Vahini, where directions were issued as preventive, remedial and punitive measures for protection of Honour Killing victims
According to the plea by NGO Dhanak of Humanity, petitioner Rajesh Gupta and detenue Sahimun Nisha have been in relationship since 2015 and tried to convince the girls's parents for solemnising their marriage. However, the girl's parents did not agree and instead gave life threats to both of them.
The plea stated that the petitioner Rajesh Gupta approached the police in February 2021 and informed that S. Nisha is under illegal confinement and sought her protection. The petitioner also asked the Police to produce the girl before a special cell as mandated by Supreme Court's order in Shakti Vahini's case, but was informed that no such special cell has been instituted.
The petitioners stated that they are aggrieved due to the arbitrary and unconstitutional action of the respondents depriving them the right to equal protection of laws, life and personal liberty as guaranteed under Article 14 and 21 of the Constitution.
The plea further stated that the Uttar Pradesh government failed to show the requisite urgency and attention to comply with Supreme Court's judgement dated 27th March 2018 in the case of Shakti Vahini vs Union of India wherein multiple and unambiguous directions were passed by the top Court for protection of victims of Honour killings.
The Respondents owing to bureaucratic laxity and apathetic attitude have failed to comply with mandate of directions and have wilfully and intentionally disregarded the order dated 27.03.2018
The plea filed by Advocate P. Sureshan, and settled by Advocate Utkarsh Singh, has sought that the detenue girl Sahimun Nisha be produced before the Supreme Court, or any other court, Special Cell or any other appropriate authority. The plea has also sought directions to the UP government to file an affidavit submitting its compliance of Supreme Court's judgement in Shakti Vahini case