The Apex Court refused to entertain a Habeas Corpus wit petition which had been filed in order to seek protection of a girl who is currently in an inter-faith relationship with the petitioner and has been alleged to have illegally detained by her parents.
The petitioner alleged that the said detention has been made in order to perform forceful marriage of the girl.
The bench, however, repudiated the plea on the ground that the said protection should be sought before Allahabad High Court.
According to the plea filed by NGO Dhanak of Humanity, the petitioner and the detenue have been in a relationship since 2015 and had been consistently trying to convince the girl’s parents for the marriage. The parents did not agree and gave life threats to both the individuals.
The plea stated that petitioner approached the police officials in the month of February, 2021 had informed them about the same. The petitioner also asked the officials to produce the detenue before a special cell, which has been mandated by the Supreme Court in the Shakti Vahini case. However, no such cell had been instituted.
The petitioner, aggrieved of the arbitrary and unconstitutional behaviour of respondents and deprived of their basic rights enshrined under Articles 14 and 21 of the Indian Constitution, approached the apex court to seek protection and justice.
The petitioner also sought for directions w.r.t. to the Supreme Court’s order in Shakti Vahini case, wherein directions had been issued in nature of preventive, remedial and punitive in order to curb and protect Honour Killing victims.
The apex court asked the petitioner as to why it didn’t approach Allahabad High Court, to which petitioner responded that HC had been on a strike and the case might take 10 days to get listed.
The bench did not accept the petitioner’s plea and asked him to withdraw the same and approach Allahabad HC instead.
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