HC orders thorough probe by IPS officer into ‘planned Nikah’

The Punjab and Haryana High Court has ordered a fair and thorough probe by a senior IPS officer into allegations that a girl was deliberately befriended, lured into eloping and contracting Nikah before being subjected to physical violence and given threats of gang rape.

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Justice Sanjay Vashisth asserted that the scope of interference by the court in a habeas corpus petition was “very limited”. But it appeared to be a serious matter and the court could not shut its eyes to facts and circumstances brought to the court’s notice by the detainee. “In such like cases, the truth must be brought to light by conducting an in-depth and fair investigation by a responsible police officer,” the court asserted.

The order came on a habeas corpus petition filed by a 50-year-old man through counsel Sarvesh Kumar Gupta for the recovery of his daughter allegedly confined after performing Nikah with one of the respondents. The woman was produced in court by the police during the course of hearing.

Appearing before Justice Vashisth’s Bench, the State counsel submitted that she was residing happily with the man after Nikah. But the Bench, “sensing certain circumstances to be suspicious”, decided to hear the woman “in camera”.

Justice Vashisth asserted that the alleged detainee made startling disclosures in presence of the women law researchers attached with the court and other staff members during the in-chamber proceedings. “During the interaction and in the presence of the persons, some shocking facts were orally narrated by the detainee, which prima facie discloses that the respondent and his other family members in a planned manner firstly succeeded in establishing friendly relation with the detenue, and subsequently eloped her for contracting marriage (Nikah),” the court recorded.

Detailing the sequence, the woman stated that she had no acquaintance with the respondent prior to December 2024. She was called to apply mehndi at a marriage function in his family when a relative’s daughter borrowed her phone and dialled his number. This triggered a series of calls to her from multiple numbers used by his family. “Eventually, the respondent succeeded in performing marriage (Nikah) with the detainee,” the court observed while referring to her statement.

The woman also told the court that she was pregnant for about five months and had been confined in Bihar until her release pursuant to the court’s earlier order. The woman alleged that she was physically beaten, threatened with gang rape or murder during her captivity if she tried to flee or raise her voice. Her mobile phone and SIM card were also destroyed.

Taking note of the allegations, Justice Vashisth directed the UT Senior Superintendent of Police to personally record the woman’s statement “from the inception of facts” and submit a report. “If, for any reason, the UT SSP is unable to conduct such investigation/inquiry himself/herself, it shall be ensured that another competent IPS officer, who can uphold the level of fairness and diligence expected, is deputed for this duty,” the court added.

The matter will now come up for hearing on July 24.