2019 Supreme(Guj) 151
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sonia Gokani, J.
Nisha Pravinbhai Sheladia - Appellant
Versus
State Of Gujarat - Respondent
R/Special Criminal Application No. 3908 of 2019
Decided On : 01-05-2019
For the Appellant : Mr. Jit P Patel.
For the Respondent: Ms. Shruti Pathak, APP.
Headnote:
Constitution of India - To issue any appropriate writ, direction or order directing the Police Inspector, respondent No.2 herein to provide police protection for a reasonable time period preferably three months in case of emergency in the interest of justice – Held, Petitioners had got married and they have threat from petitioner No.1s parents – Criminal cases pertaining to honour killing or violence to the couple(s) shall be tried before the designated Court/Fast Track Court earmarked for that purpose. The 54 trial must proceed on day to day basis to be concluded preferably within six months from the date of taking cognizance of the offence. We may hasten to add that this direction shall apply even to pending cases. The concerned District Judge shall assign those cases, as far as possible, to one jurisdictional court so as to ensure expeditious disposal thereof – Petition disposed
1. Rule returnable forthwith. Ms.Shruti Pathak, learned APP waives service of notice of Rule for and on behalf of the respondent State. 2. Petitioners are before this Court seeking following reliefs:
“11...
(A) YOUR LORDSHIPS may be pleased to issue any appropriate writ, direction or order directing the Police Inspector, respondent No.2 herein to provide police protection for a reasonable time period preferably three months in case of emergency in the interest of justice .
(B) Such other and further relief as Your Lordships may deem fit and proper in the interest of justice be granted.”
3. Both the petitioners had got married and they have threat from petitioner No.1's parents. Their marriage is registered on 28th March, 2019under the Gujarat Registration of Marriages Act, 2006. Petitioners have already moved an application before concerned Police Inspector, Sarthana Police Station, Sarthana, Dist. Surat.
4. Considering the decision of the Apex Court rendered in the Case of Shakti Vahini vs. Union of India, reported in 2018(7) SCC 192 decided on 27.03.2018, wherein55 to 55.3.5., the Apex Court observed as under;
“55. Mr. Raju Ramachandran, learned senior counsel being assisted by Mr. Gaurav Agarwal, has filed certain suggestions for issuing guidelines. The Union of India has also given certain suggestions to be taken into account till the legislation is made. To meet the challenges of the agonising effect of honour crime, we think that there has to be preventive, remedial and punitive measures and, accordingly, we state the broad contours and the modalities with liberty to the executive and the police administration of 18 (2013) 14 SCC 672 47 the concerned States to add further measures to evolve a robust mechanism for the stated purposes :
55.1 Preventive Steps
55.1.1. The State Governments should forthwith identify Districts, Sub Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in the recent past, e.g., in the last five years.
55.1.2. The Secretary, Home Department of the concerned States shall issue directives/advisories to the Superintendent of Police of the concerned Districts for ensuring that the Officer Incharge of the Police Stations of the identified areas are extra cautious if any instance of inter-caste or inter-religious marriage within their jurisdiction comes to their notice.
55.1.3. If information about any proposed gathering of a Khap Panchayat comes to the knowledge of any police officer or any officer of the District Administration, he shall forthwith inform his immediate superior officer and also simultaneously intimate the jurisdictional Deputy Superintendent of Police and Superintendent of Police.
55.1.4. On receiving such information, the Deputy Superintendent of Police (or such senior police officer as 48 identified by the State Governments with respect to the area/district) shall immediately interact with the members of the Khap Panchayat and impress upon them that convening of such meeting/gathering is not permissible in law and to eschew from going ahead with such a meeting. Additionally, he should issue appropriate directions to the Officer Incharge of the jurisdictional Police Station to be vigilant and, if necessary, to deploy adequate police force for prevention of assembly of the proposed gathering.
55.1.5. Despite taking such measures, if the meeting is conducted, the Deputy Superintendent of Police shall personally remain present during the meeting and impress upon the assembly that no decision can be taken to cause any harm to the couple or the family members of the couple, failing which each one participating in the meeting besides the organisers would be personally liable for criminal prosecution. He shall also ensure that video recording of the discussion and participation of the members of the assembly is done on the basis of which the law enforcing machinery can resort to suitable action.
55.1.6. If the Deputy Superintendent of Polic