Abdul Qadir vs State (Nct Of Delhi) And Others

Siddharth Mridul, J

CRL.M.A. 8059/2021 (Exemption)

Exemption granted, subject to just exceptions.

The application is disposed of accordingly.

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

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.

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.â€​

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 3.08.2000. 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.

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 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.

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.

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)

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 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.

With the above directions, the habeas corpus petition is allowed and disposed of.

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.