he Jammu and Kashmir High Court on Thursday ordered that a woman and her husband be given adequate protection, after she alleged that they were receiving death threats from her family members for embracing Islam and marrying a Muslim, Bar and Bench reported.
A single-judge Bench of Justice Ali Mohammad Magrey issued directions to the Union Territory of Jammu and Kashmir (J&K) through Director General of Police J&K to ensure that the petitioners are not harassed, kidnapped, attacked or caused any harm by the private respondents or by anyone.
“In order to ensure protection to the life of petitioners in peculiar facts and circumstances of the case, it has become necessary to direct official respondents to ensure that the petitioners are not harassed, kidnapped, attacked or caused any harm by the private respondents or by anyone at their instance and they shall be allowed to live their married life the way they like and protect their rights in terms of the guarantee as enshrined by the Constitution of India,” the Court as per Bar and Bench said.
The official respondents within whose jurisdiction the petitioners are stated to be residing, i.e. SSP Budgam and SHO Police Station Chadoora, should ensure implementation of the directions in letter and spirit, the Court added.
In her plea, the woman stated that she had embraced Islam on her own volition on February 12, 2021, adopting a Muslim name, Khadeeja.
She alleged that as soon as the news of her conversion came to the knowledge of the woman’s family, they started threatening her and also implicated her husband and her in false cases.
The counsel for the petitioner argued that they had approached the police for their protection but no action was taken prompting them to move the Court.
During the arguments, the counsel placed reliance on the judgment of the Supreme Court in Latta Singh v. State of UP in which the apex court had passed directions to all States/Union Territories to ensure that if a major boy and girl undergo inter-caste or inter-religious marriage, such couple should not be subjected to harassment by anybody.
It was also pointed out that a case was registered against the petitioners at Police Station Satwar at the instance of the parents of the woman.
The court besides ordering police protection also ordered the SHO of Police Station Satwari, Jammu not to take any coercive steps against the petitioners in pursuance of any case registered against them.
The matter will be heard next on May 28, 2021