Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 576

of 2020

Petitioner :- Smt. Nishi(Corpus) And Another

Respondent :- State Of U P And 4 Others

Counsel for Petitioner :- Mohd. Asif

Counsel for Respondent :- G.A.

Hon'ble J.J. Munir,J.

In compliance with the rule nisi issued, the detenue, Smt.

Nishi, has been produced before this Court by Sub-

Inspector Ram Gopal (PNO 812020832), Police Station -

Ahmedgarh, District - Bulandshahar, who has identified

the detenue before the Court. This Court, accordingly,

proceeds to ascertain her stand in the matter, which is

recorded verbatim :-

Q. Aapka naam?

A. Nishi.

Q. Aapke pitaji ka naam?

A. Mukesh Kumar.

Q. Aapki aayu?

A. 24 varsh.

Q. Ye Saurabh Gupta kaun hai?

A. Mere husband hain.

Q. Aapne kab shaadi ki hai?

A. 17.06.2020.

Q. Iss samay aap kahan se aayi hain?

A. Apne mummy-papa ke ghar se.

Q. Kya aap apne mummy-papa ke ghar apni marzi se

thi?

A. Nahi. Dabav mein thi.

Q. Aap par kisne dabav daala tha?

A. Ghar walon ne.

Q. Ghar walon mein kisne dabav daala tha?

A. Papa aur bhai logon ne.

Q. Kis baat ko lekar dabav banaya tha?

A. Ghar aane ke liye.

Q. Pichhli dafaa toh aapne bilkul vipreet bayan diya

tha?

A. Haa.

Q. Kya aapko pata ki Court ke saamne galat bayan

dena apraadh hai?

A. Haa apraadh hai.

Q. Fir aapne kyon galat bayan diya?

A. Dabav mein.

Q. Kiske dabav mein?

A. Family ke.

Q. Family se aapka kya taatparya hai?

A. Papa aur bhai logon se.

Q. Unhone aap par kis baat ka dabav banaya tha?

A. Ghar aane ka.

Q. Kya kaha tha unhone?

A. Dhamki di thi ki ghar aa jao warna jaan se maar denge.

Q. Saurav Gupta ke pitaji ko aapke pitaji utha le gaye

the, kya ye baat sahi hai?

A. Haa maine sunaa tha.

This petition is a second writ petition. With a similar

grievance, the earlier writ petition had come to be

dismissed by a judgement and order dated 22.10.2020

passed in Habeas Corpus Writ Petition No. - 512 of 2020.

In that petition, the detenue, Smt. Nishu, had taken a

contrary stand and stated that she has been living with her

parents of her free will. This second petition was filed on

the basis of some SOS kind of SMS messages, delivered to

Saurabh Gupta by Smt. Nishi, through her grandmother's

cellphone. Since it was impressed upon this Court that

Smt. Nishi was in danger and was faced with a threat of

honour killing, it was considered appropriate to entertain

this writ petition and again issue a rule nisi. Smt. Nishi has

been produced before this Court and her statement

recorded today is eloquent. She says that she was under

fear and compulsion of her family, on account of which,

she did not support the rule nisi earlier issued at the

instance of her husband Saurabh Gupta. She affirmed

before this Court today that she has married Saurabh

Gupta of her free will and wishes to stay with him. It is

also said that she has faced a threat of being done to death,

on account of which, when the earlier matter came up, she

did not support the rule nisi issued there. There is no issue

about Nishi's age and she is clearly a major.

Looking to the stand that the detenue has taken, the rule

nisi is made absolute. She is ordered to be set at liberty,

forthwith. She is free to go wherever she likes and with

whomsoever she wants. Since she has indicated her

inclination to accompany her husband, Saurabh Gupta, she

is free to do so.

But, in this matter, the issue does not end here. It appears

to this Court that there is a serious threat to the life of this

young couple, that is to say, Saurabh Gupta and Smt.

Nishi, at the hands of her father, who has a long criminal

history and is said to be a member of the Jatan Sirohi

gang. Her brothers Robin Chaudhary and Kulvinder

Chaudhary also appear to be under the influence of their

father, holding possible belief in the tradition of honour

killing.

In the circumstances, the Senior Superintendent of Police,

Bulandshahar is ordered to ensure that Saurabh Gupta and

Smt. Nishi are not injured