Punjab & Haryana HC directs expeditious disposal of cases of honour killing;State Govt. to appoint Committee, Special Cell to be created

Read Order: Ravi Kumar and Ors vs. State of Haryana and others

Tulip Kanth

Chandigarh, September 1, 2021: The Punjab and Haryana High Court has passed certain directions to the Governments of Punjab and Haryana and U.T. Chandigarh Administration, Director Generals of Police, Sessions Judges and State Legal Services Authorities pertaining to the expeditious disposal of cases of honour killing.

All the Sessions Judges in the States of Punjab, Haryana and U.T. Chandigarh have been directed to ensure that cases of honour killing are assigned to the designated Court/Fast Track Court/one jurisdictional court. Such Courts concerned have also been directed to ensure expeditious disposal of such cases preferably within the period of six months.

These directions of the High Court came pursuant to a petition, being filed by the accused persons, under Section 439 of the Code of Criminal Procedure, 1973, for grant of regular bail in a case involving allegations of honour killing of Dharambir by persons whose honour was allegedly subjected to disgrace by the deceased by performing marriage with their relative Sunita Rani.

The FIR in question was registered by the complainant, Rai Singh, who alleged that his nephew Dharambir, who used to reside with him, brought a girl named Sunita and introduced her as his wife. It was stated therein that after a few days, around 15 to 16 persons came and abducted his nephew Dharambir and his wife. The wife was recovered on the next day and her statement was recorded under Section 164 of the Cr.P.C. but Dharambir was found dead.

The High Court has made absolute the interim regular bail granted to the petitioners, keeping in view the facts and circumstances of the case, nature of accusation and evidence against the petitioners, role attributed to them, period of their custody, parity with other co-accused who were granted regular bail.

The court was inclined to extend the concession of regular bail given the fact that the trial is likely to take time due to the number of prosecution witnesses to be examined and due to the restrictions imposed to prevent spread of infection of Covid-19.

However, the Bench of Justice Arun Kumar Tyagi opined that the present case was a glaring example of how the necessity of protection to the couple marrying against the wishes of their family members is ignored, how the police fails to take prompt action to rescue the couple on information being given to it, how the police tries to understate the offences, delay the investigation, shield the accused by its inaction and still claim that there was no laxity or delay in investigation of the case by it and how the higher police officers, who do not even know that the case falls in the category of honour killing and they are required to follow the directions given by Hon’ble Supreme Court, look the other way round and ignore the deficiencies.

The Court also directed the Haryana State Legal Services Authority to take appropriate steps for award of compensation to legal heirs of Dharambir within three months.

The Bench has thus, directed the State Governments to appoint Committees consisting of Home Secretary, Finance Secretary, Additional Director General of Police, Legal Remembrancer and Member Secretary of the State Legal Services Authorities, Punjab, Haryana and U.T. Chandigarh at the State level within one month.

The Director Generals of Police have been directed to create a Special Cell in each District which shall collect and maintain information and prepare the data base in respect of couples who approached the Court for protection and call for reports regarding assessment of threat perception to them and take appropriate action or issue necessary instructions.

The Court has also ordered to set up a 24 hour helpline or enable any of the helplines already set up to receive and register request for protection and to coordinate with the concerned police officers/officials for providing necessary assistance/advice/protection to such couples.

The State Legal Services Authorities have also been ordered to prepare a scheme for providing legal aid to couples  seeking protection and also legal aid to the complainant for representing him in cases of violence against inter caste/inter religion marriage and honour killings.

The Court has also clarified that in case of reporting of any violence against inter caste or inter religion marriage or honour killing, FIR is to be immediately registered and upon registration of FIR, intimation is to be simultaneously given to the concerned Deputy Superintendent of Police who, in turn, shall ensure that effective investigation of the crime is done and taken to its logical end with promptitude within the period of 60/90 days, as the case may be, as far as possible.