Ggm Namaz row: Plea in SC for contempt action against officials

New Delhi: The Delhi High Court has now granted protection to an inter-faith couple, noting that they were facing threats to their lives from members of the woman's family — also ordering that the concerned senior police officials would be personally liable in case of any security lapse or failings in their protection.

The bench of Justice Chandra Dhari Singh ordered that protection be granted to the couple as submitted by the State that it would be granted and said, "It is made clear that if any lapse occurs in the security/protection of the petitioners, the ACP of Ashok Vihar area and the SHO, Police Station Keshav Puram shall be held liable."

Advocate DK Santoshi appeared for the petitioners and submitted before the court that the man (24) and the woman (26) had fallen in love with each other and married each other under Hindu rites and customs at the Arya Samaj Mandir in Vishwas Nagar.

He further submitted that the petitioners were threatened by the woman's family, who did not agree to their union. The counsel also added that on December 11, the family members of the woman had also mercilessly beaten her up.

The court of Justice Chandra Dhari Singh noted that the counsel for the State had accepted notice on behalf of the State and sought some time to file a reply in the matter. However, he assured the court the couple will be granted protection by the State.

The court went on to post the matter for next hearing in January next year and also issued notice to the accused members of the woman.

Earlier this year, finding themselves in a similar situation, a couple from Uttar Pradesh had come to Delhi and sought the protection of the court from members of their families.

The high court had granted them protection and taken note of the fact that the Delhi Police had chosen not to grant them a safe house when they had requested for one.

Following the Delhi Police's rejection for a safe house, the couple had moved the Delhi High Court with a petition for ensuring their safety and protecting their right to live and marry whoever they chose to.

The Delhi government has also recently directed that safe houses under it be made secure for inter-faith and inter-caste couples who seek protection from their family members. More recently, the Delhi government directed its officials to ensure that they do not send notices to the parental address of couples getting registered under the Special Marriages Act, warning stern action in case of violations.

The direction came in the wake of such a notice issued by a sub-divisional magistrate last year being challenged in the High Court.

The revenue department order issued on December 10 stated that the court order was earlier communicated to all deputy commissioners with a request to issue appropriate directions to the concerned registrar of marriages under their jurisdiction for strict adherence.

In August this year, a contempt petition was filed in the Delhi High Court against the notice issued by the SDM to the parents of the couple being registered under the Special Marriages Act.

The notice led to the woman being restrained indoors by her parents forcing her partner to file a habeas corpus plea in the court.