Friday, August 19, 2022

Allahabad High Court directs SSP Varanasi for inquiry against allegation of assault on girl by policemen

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The Allahabad High Court has directed the SSP, Varanasi for an inquiry against the policemen who allegedly attacked a girl who had an inter-caste marriage.

A Single Bench of Justice Rahul Chaturvedi passed this order while hearing a Habeas Corpus Petition filed by Corpus.

In this matter, the Corpus said that her age is about 24 years; she is pursuing her M.A from Banaras Hindu University; during her studies she developed certain amount of tender relationship with Mahesh Kumar Vishwakarma and both of them have decided to marry; on 30.4.2021 they got married in a temple and thereafter got their marriage registered on 21.9.2021.

She further states that her brothers are very cruel to her because she got married against their wish and desire.

The Court noted that,

On making inquiry from the brothers of corpus, who are present in the Court, about cruel-treatment given by them, as a usual practice, they made denial of any allegation of cruelty to her sister.

The corpus also woefully states that on 26.4.2021 she was brutally assaulted by Abhishek Kumar, In charge, Police Chowki – Khajuri, Police Station-Mirza Murad, District Varanasi and two lady constables, accompanied with him.

This is an unacceptable situation where the police personnel who are said to be protectors have become attackers, the Court said.

Under the circumstances, the Court directed the S.S.P, Varanasi to inquire into the matter and if the allegation of assaulting by the aforesaid police personnel upon the corpus is found to be true, punitive action against them shall be taken within ten days.

“So far as the brothers of corpus, named above, are concerned, they are required to sever all relationships with their sister and not to harass or ill-treat her just because she got married with a boy of her own choice.

Since the girl is facing threats from her brothers regarding the safety and security of herself, her husband and her in-laws, as such, the S.S.P, Varanasi and S.H.O, P.S-Raja Talab, Varanasi are required to provide adequate security and keep a close vigil over the safety and security of the corpus, her husband Mahesh Kumar Vishwakarma and other members of her in-laws, so that nothing untoward may happen in future against them”, the Court further said.

“Under the peculiar facts and circumstances, accepting that the corpus is a major girl and she has decided to go with her husband, she has all right to do so. Corpus is at liberty to go with her husband Mahesh Kumar Vishwakarma”, the Court observed while disposing of the Petition.

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