Irshad Ahmad And Anr vs Director General Of Police (Home) And … on 4 March, 2025

Jammu & Kashmir High Court – Srinagar Bench

Irshad Ahmad And Anr vs Director General Of Police (Home) And … on 4 March, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                                  S. No. 47
                                                                  Suppl.


 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR

                         WP(C) 451/2025, CM 1052/2025


IRSHAD AHMAD AND ANR.                         ...Petitioner(s)/Appellant(s)

Through: Mr. Rafiq Bhat, Advocate
                                     Vs
DIRECTOR GENERAL OF POLICE (HOME) AND ORS.                 ...Respondent(s)

Through: Ms. Mahajabeen, Advocate vice
         Mr. Mohsin Qadri, Sr. AAG
CORAM:
    HON'BLE MR JUSTICE RAHUL BHARTI, JUDGE
                  ORDER

04.03.2025

1. The petitioners, namely Irshad Ahmad and Mst. Nishad

Begum both being of the age of majority, have exercised

their free will to enter into marital relationship and for

that have earned displeasure of their respective families.

2. To lend confirmation to the fact of their marriage having

been solemnized out of their free will and volition, the

petitioners have put on record a scanned copy of

“Nikahnama” dated 21-02-2025.

3. Along with the writ petition, the petitioner No. 2’s date

of birth confirming document in the Dental Lounge

Dental Clinic, Jawhar Nagar, Srinagar issued by one Dr.

Mohammad Saleem, Dental Surgeon, evidencing her age

as 22 years approximately is also annexed which
confirms the fact that the petitioner No. 2 is and was

major at the time of solemnizing marriage with the

petitioner No. 1 and so is the petitioner No. 1.

4. The petitioners are in hiding fearing about safety and

security of their life and limb suffering wrong at the

hands of respondents, who are carrying hard feelings

against the petitioners for their act of marrying each

other.

5. Keeping in view the mandate and dictate of the Hon’ble

Supreme Court as laid down in case of Lata Singh vs.

State of UP and anr, 2006 (5) SCC 475 in terms

whereof a direction has been set into effect for the Govt.

Administration and Police Authorities throughout the

Country to see to it that if any boy or girl who is a major

undergoes inter-caste or inter-religious marriage with a

girl or boy who is also major, then the marrying

individuals are not to be harassed by any one nor to be

subjected to threats or acts of violence, and in case any

such threat or harassment is confronted to be inflicted on

the individuals then the persons responsible for holding

out such threats/harassments are to be taken to task by

instituting criminal proceedings by the Police against

such persons and further stern action to be taken as
provided by law.

6. Article 144 of the Constitution of India mandates all

Authorities, Civil and Judicial, in the territory of India to

act in aid of the Hon’ble Supreme Court. Bearing this

constitutional sanction in perspective and the directions

of the Hon’ble Supreme Court set into place, it is a

matter of duty for the Police Officials as well as officials

of the concerned Civil Administration, irrespective of

hierarchical position, to ensure that marrying individuals

who are major and have chosen to become husband and

wife out of their free will and volition are not to fear

anybody causing any harm to their life and limb.

7. This petition at the threshold is disposed of with a

direction to the respondent No. 2- Senior Superintendent

of Police (SSP), Srinagar and the respondent No.3 –

Senior Superintendent of Police (SSP), Rajouri Jammu

to ensure by issuing appropriate directions to the

respondent No. 4-Station House Officer (SHO), Police

Station Hazratbal, Srinagar, Kashmir and the respondent

No. 5- Station House Officer, Police Station Dharamsal

Kalakote Rajouri Jammu, respectively that the

petitioners, namely Irshad Ahmad and Mst. Nishad

Begum are not subjected to any
harassment/intimidation/threats at the hands of any

person by reference to their matrimony and their right to

cohabit as married persons. Furthermore, in case the

Police Station, Srinagar Kashmir or Police Station

Dharamsal Kalakote Rajouri Jammu has registered any

FIR/Report at the instance of any family member or any

other person against the petitioners or either of the two

petitioners by reference to their marriage then also no

arrest of the petitioners to be carried out by the said

Police Stations.

(RAHUL BHARTI)
JUDGE
SRINAGAR
04.03.2025
MUBASHIR