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
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