Abdul Qadir vs State (Nct Of Delhi ) And Others
2021 Latest Caselaw 1536 Del

                          #16

                                IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                   Judgment Delivered On: 25.05.2021

                          W.P.(CRL) 1022/2021


                          ABDUL QADIR                                                     ..... Petitioner


                                                      versus


                          STATE (NCT OF DELHI) AND OTHERS                              ..... Respondents

                          Advocates who appeared in this case:
                          For the Petitioner          : Mr. Jai Shankar, Mr. Vijay Pratap Singh and
                                                        Ms. Nandita Rao, Advocates along with petitioner.
                          For the Respondents         : Mr. Sanjay Lao, Standing Counsel (Criminal) for the
                                                        State along with Inspector Anand Yadav, SHO, P.S.:
                                                        New Usmanpur, New Delhi and HC Santu Lal
                                                        Sharma, P.S.: K.N. Katju Marg, Delhi.

                          CORAM:
                          HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                          HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

                                                      JUDGMENT

SIDDHARTH MRIDUL, J. (OPEN COURT - via Video Conferencing)

CRL.M.A. 8059/2021 (Exemption) Exemption granted, subject to just exceptions.

The application is disposed of accordingly.

Signature Not Verified Digitally signed by:DURGESH NANDAN

16:33:43 CRL.M.A. 8060/2021 (Exemption)

The present application under Section 482 of the Code of Criminal

Procedure, 1973 has been instituted on behalf of the applicant/petitioner

seeking exemption from filing the requisite court fee in support of the

accompanying petition.

For the reasons stated in the application and in view of the

prevailing situation, the same is allowed. The applicant/petitioner is

allowed to file the requisite court fee within a period of 72 hours from

the date of resumption of regular functioning of the Court.

The application is disposed of accordingly.

W.P.(CRL) 1022/2021

1. The present habeas corpus petition under Article 226 of the

Constitution of India read with Section 482 of the Code of the Criminal

Procedure, 1973 has been instituted on behalf of the petitioner, namely

Mr. Abdul Qadir son of Sh. Irshad Ali, resident of G-7/193, Sector-16,

Rohini, Delhi, praying as follows:

"a. Issue appropriate writ of Habeas Corpus, order or direction thereby directing the respondents to immediately produce Ms. Ayesha @ Preeti, wife of the petitioner, before this Hon'ble Court, in the interest of justice.

Signature Not Verified Digitally signed by:DURGESH NANDAN

16:33:43 b. Issue appropriate writ of mandamus, order or direction thereby directing the concerned Deputy commissioner of Police, Delhi to provide immediate safety and protection, protecting the life and liberty of the petitioner and his wife Ms. Ayesha @ Preeti from the cruel hands of the Respondent No. 2, 3, 4 and 5, in the interest of justice.

c. Pass any such other or further order(s), which this Hon'ble Court deems fit and proper under the facts and circumstances of the case in favour of the petitioner."

2. As verified from her Aadhar Card as well as her PAN Card, it is

evident that Ms. Ayesha alias Preeti is about 21 years old since her date

of birth as disclosed in the said government identity documents is

03.08.2000. Presently she is stated to be a student of B.A. 2nd Year. She

has appeared before this Court for this hearing through video-

conferencing from P.S.: New Usmanpur, New Delhi. Ms. Ayesha alias

Preeti is identified by HC Santu Lal Sharma, P.S.: K.N. Katju Marg,

Delhi as well as by Inspector Anand Yadav, SHO, P.S.: New Usmanpur,

New Delhi.

3. We have interacted with Ms. Ayesha alias Preeti as well as with

the petitioner Mr. Abdul Qadir, individually at length. Ms. Ayesha alias

Preeti has expressed her desire to be with Mr. Abdul Qadir, the

petitioner, who she states she has married of her own free will and

volition on 12.04.2021 at Qazi-e-Nikah: Maulana Qazi Muhammad Signature Not Verified Digitally signed by:DURGESH NANDAN

16:33:43 Rashid Nadvi, Kashmiri Gate, Delhi. Ms. Ayesha alias Preeti and Mr.

Abdul Qadir have expressly and unequivocally expressed their free will

to reside together at the latter's residence within the jurisdiction of

P.S.:K.N. Katju Marg, Delhi.

4. In view of the foregoing, HC Santu Lal Sharma, P.S.: K.N. Katju

Marg, Delhi, is directed to escort the newlywed couple to Mr. Abdul

Qadir's residence and afford them adequate security and protection so as

to ensure their safety and prevent any untoward incident as they

apprehend.

5. The above direction has been issued keeping in view the decision

of the Hon'ble Supreme Court in Ashok Kumar Todi vs. Kishwar Jahan

and Others, (2011) 3 SCC 758, para 36 of which judgment is most

relevant and is reproduced herein below :

"36. The following observation and direction in Lata Singh vs. State of U.P.is relevant: (SCC p.480, para 17) "17. The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or Signature Not Verified Digitally signed by:DURGESH NANDAN

16:33:43 threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter- religious marriage the maximum they can do is that they can cut-off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter- caste or inter-religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law. "

6. With the above directions, the habeas corpus petition is allowed

and disposed of.

7. A copy of this order be sent electronically to the learned counsel for the parties, as well as to the SHO, P.S.: K.N. Katju Marg, Delhi.

SIDDHARTH MRIDUL (JUDGE)

ANUP JAIRAM BHAMBHANI (JUDGE) MAY 25, 2021/rs Click here to check corrigendum, if any Signature Not Verified Digitally signed by:DURGESH NANDAN

16:33:43