The High Court of Punjab & Haryana has called for an explanation from an Additional District & Sessions Judge, who granted Bail to the “groom” after noticing that the “bride” was just fifteen years old, but had denied the relief to his parents. For the purpose of explanation, the HC has set a month’s deadline.

The direction by Justice Arvind Singh Sangwan came on a plea filed by the parents seeking anticipatory bail in a case registered on March 6 for kidnapping, common intention & another offence under Sections 363, 366 & 34 of the Indian Penal Code at the Majitha Police station in Amritsar district.

Justice Sangwan observed the anticipatory Bail petition of the parents was rejected by the Amritsar Additional Sessions Judge on May 12 after observing that the girl’s birth certificate, as per the investigating officer’s statement, was taken in possession & her date of birth was March 18, 2005. The judge also referred to an order passed by the HC, wherein the girl was shown as ninteen years old.

But the Additional Sessions Judge formed an opinion that the girl was fifteen years old as per her date of birth certificate. As such, the anticipatory bail application of the petitioners or parents was dismissed. Justice Sangwan added, surprisingly, the Additional Sessions Judge granted anticipatory bail to the main accused subsequent to the passing of the order. This was despite the fact that the judge, even in an earlier order, observed that the date of birth was March 18, 2005. He confirmed the anticipatory bail, despite noticing the fact that the girl was 15 years old.

Justice Sangwan said that “Therefore, it requires an explanation from the Additional Sessions Judge, Amritsar, as to how despite noticing the fact that the prosecutrix was 15 years of age, he has granted bail to the main accused, while declining it to his parents".

Before parting with the case, Justice Sangwan added the Apex Court held that Articles 14, 15 & 21 of the Constitution, read with the national policy & national plan, provided that a girl between 15 & 18 years needed protection from early marriages. She was also required to be provided a life of dignity. 

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