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News18
a day ago
- News18
‘SSP Will Be Personally Liable': Allahabad HC Grants Protection To Couple Amid Honour Killing Fears
Last Updated: The woman and her husband approached the High Court after the woman's father lodged an FIR under Section 87 of the Bharatiya Nyaya Sanhita (BNS) Reaffirming that personal liberty under Article 21 overrides social norms, the Allahabad High Court recently granted police protection to a couple fearing honour killing. The court held the Senior Superintendent of Police (SSP), Bulandshahr, personally liable for any harm that befalls them. A division bench comprising Justice JJ Munir and Justice Anil Kumar was hearing a plea filed by a 23-year-old woman and her husband. The couple sought protection and relief from harassment following an FIR filed against them by the woman's father. Observing that both petitioners are adults and married of their own free will at Arya Samaj, Prayagraj, the court held, 'The social norms may dictate otherwise, but the Constitution grants them the freedom by virtue of Article 21 and the entire gamut of liberty guaranteed to an adult." The court also noted the allegations that the petitioners faced death threats from the woman's father and other family members. 'Given the prevalent social milieu, some kind of serious violence, even an honour killing, cannot be ruled out under such circumstances, where the informant has gone to the extent of lodging an FIR against an adult woman," the court remarked. The State, represented by AGA Deepak Mishra, questioned the validity of the Arya Samaj marriage, citing a previous decision (Shruti Agnihotri vs. Anand Kumar Srivastava, 2024 SCC OnLine 3701). However, the court maintained that both individuals, being adults, had the right to choose their life partner under Article 21 of the Constitution. The court also expressed shock at the police registering and investigating the FIR despite knowing both petitioners were adults. Acknowledging the gravity of the matter, the court issued notice to the respondents and granted them three weeks to file a counter affidavit. 'Until further orders of this Court, petitioners shall not be arrested in Case Crime No. 0445 of 2025 under Section 87 of the BNS, PS Khurja Nagar, District Bulandshahr," the court ordered. The court also restrained the woman's father and family members from harassing or contacting the petitioners, directly or indirectly, through social media, telephone, or any other means, or forcibly separating the couple. Concluding the hearing, the court warned that the SSP, Bulandshahr, would be personally liable for any harm to the petitioners. The matter is listed for next hearing on July 7.
Time of India
6 days ago
- General
- Time of India
Allahabad HC upholds adult woman's right to choose life partner
Prayagraj: The Allahabad high court has directed the Bulandshahr SSP to provide protection to a newlywed couple who faced resistance from the woman's family due to their marriage, emphasising that an adult woman has the right to choose her life partner. Hearing the couple's plea, the high court warned that the SSP will be held accountable for any harm caused to the couple by the woman's family. A case was filed at Khurja police station in Bulandshahr in May under Section 87 (kidnapping) of the Bharatiya Nyaya Sanhita (BNS). The complainant alleged that a 26-year-old man from an upper caste had kidnapped his 24-year-old daughter and coerced her into marrying him at an Arya Samaj temple. The couple had subsequently approached the high court, seeking to have the FIR quashed and requesting protection from interference in their married life. The woman had specifically expressed concerns about potential honor killing. Hearing their petition, Justice JJ Munir, in his order dated June 2, stayed the arrest of the man and ordered Bulandshahr SSP to ensure that no one interferes in the couple's marital life. The high court also said that an adult woman has the right to choose her partner, and if any harm is caused to the petitioners, the SSP will be personally held accountable.
Time of India
03-05-2025
- Politics
- Time of India
HC concerned over litigants' aggressive approach towards judicial officers
1 2 Prayagraj: Expressing concern that the litigants are increasingly turning aggressive towards the judiciary because of the reluctance of courts to use their contempt of court powers , the Allahabad high court dismissed a petition and imposed Rs 5,000 costs on the petitioner after the court found lack of evidence to support the allegations against the presiding officer. Justice JJ Munir further observed that while courts hesitate to invoke contempt powers out of respect for citizens' fundamental right to freedom of speech, this liberal approach cannot be misused to make scandalous allegations against judges. "It is unfortunate that in contemporary times, litigants have turned aggressive because for one reason or the other, the courts are eschewing invocation of their power of criminal contempt. The restraint or the hesitation comes from honouring the citizen's fundamental right to freedom of speech and expression and their right to ventilate their grievances. This does not mean that any kind of scandalous allegations without basis can be hurled at the court and got away with," the court said while dismissing the plea on April 25. The case involved a plea challenging the Board of Revenue's refusal to transfer an application under the UP Revenue Code, 2006 from the additional commissioner (judicial), 3rd Bareilly to another court. The petitioner alleged bias and connivance between the presiding officer and the respondent, citing delays and long adjournments as evidence. However, during the course of hearing, the high court found these claims to be "utterly scandalous" and unsupported by evidence. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Scarlett Johansson, 40, Shows Off Her Real Size In A New Vacation Photos 33 Bridges Undo "A wrong order or a wrong procedure does not lead to an inference of bias. Likewise, mere delay on the part of the presiding officer in hearing the revision is no ground to infer bias," the court said. The court stressed that accusations of judicial connivance demand a high standard of responsibility and evidence. "To make such an application without any material shows not a sense of freedom to express amongst citizens who are litigants but virtually extreme indiscipline and lack of sense of propriety, to say the least," court said.
Hindustan Times
02-05-2025
- Politics
- Hindustan Times
Allahabad HC slams litigants for fuelling court delays, calls it a ‘menace'
The Allahabad high court has observed that the role of litigants in contributing to judicial delays is often overlooked. Calling it a 'menace' that is 'neither spoken of nor condemned', the court opined that this tendency must be 'firmly discouraged'. Justice JJ Munir termed it 'surprising' that despite widespread protests over delays in the judicial system, litigants often appear in court only to seek adjournments that suit their convenience. 'It is surprising that despite such widespread protest against delays in courts, citizens of the country, in whatever position they are, when they appear in court as litigants, love to seek time and enjoy adjournments that suit their cause. The contribution of the litigating public to delays in court, which, in fact, is a menace, is neither spoken of nor condemned. In any case, this tendency has to be discouraged firmly,' the court stated in its one-page order dated April 23. These observations came after the court expressed dismay over a Tehsildar's written instruction to the Chief Standing Counsel (CSC), requesting additional time to submit a report. The court was hearing a PIL filed by Shailendra Prajapati, who alleged that a pond in village Bendui, Post Saren, Pargana Atrauliya, Tehsil Budhanpur, Azamgarh district, had been encroached upon by private parties. It was pointed out that the Tehsildar of Budhanpur had already passed an eviction order under Section 67 of the UP Revenue Code, 2006, but it had not been executed. Earlier, on April 10, the court had asked the Tehsildar to submit a report on the non-compliance of the eviction order. However, through the CSC, the Tehsildar requested more time to file the report. Rejecting the request and rebuking the broader trend of adjournment-seeking, the court, in its April 23 order, directed the Tehsildar to file his affidavit within three days or appear in person on the next date of hearing.
Time of India
01-05-2025
- Politics
- Time of India
Plaintiffs buying time via adjournments a menace: HC
1 2 3 4 Prayagraj: Observing that role of litigants in contributing to judicial delays is often overlooked the Allahabad High Court termed it a "menace" that is "neither spoken of nor condemned" and opined that this tendency must be "discouraged firmly". Justice J J Munir said it was "surprising" that despite widespread protests over court delays, litigants, on appearing in court, sought and enjoyed adjournments that suited their cause. "It is surprising that despite such widespread protest against delays in courts, citizens of the country, in whatever position they are, while appearing in court as litigants, love to seek time and enjoy adjournments that suits their cause. The contribution of the litigating public to delays in court, which, in fact, is a menace, is neither spoken of nor condemned. In any case, this tendency has to be discouraged firmly," the court remarked in its one-page order dated Apr 23. The observations were made by the court dismayed over a tehsildar's written instructions to chief standing counsel requesting him to seek some additional time from the court to submit a report. The court was dealing with a PIL petition filed by Shailendra Prajapati, wherein it was alleged that a pond in Bendui village, Post Saren, Pargana Atrauliya, Tehsil Budhanpur, Azamgarh district was encroached by private respondents. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Beyond Text Generation: An AI Tool That Helps You Write Better Grammarly Install Now Undo It was also pointed out that order of eviction was passed by the Tehsildar Budhanpur in proceedings under section 67 of the UP Revenue Code, 2006, however, the same had not been carried out so far. On Apr 10, court had called for a report from tehsildar over alleged non-compliance of the order for eviction. Tehsildar, through chief standing counsel (CSC), sought additional time to file the report. Rejecting request as well as rebuking litigants in general for seeking adjournments, court in its order dated Apr 23, directed the tehsildar to file his affidavit within three days or appear in person on next date of hearing.
