The Jammu & Kashmir and Ladakh High Court has ordered the police to ensure the safety of a woman who apprehended harm after being threatened with a forced marriage.
The Court directed the police to ensure that the woman “is not subjected to any harm in any manner whatsoever” in connection with the alleged attempt to forcibly marry her to a man, whose family allegedly had threatened to forcibly take her away.Justice Rahul Bharti issued the directions to the Senior Superintendent of Police of Poonch and the Station House Officer (SHO) of Mendhar.
"In case the petitioner would reckon that she is being subjected to threats and harassment at the end of the respondents No. 4 to 10 then the petitioner shall be entitled to approach the respondent No. 2-Senior Superintendent of Police-(SSP), Poonch with a complaint who shall then be duty bound to immediately enquire into the matter and ensure safety and security of the person of the petitioner," the Court said.
The woman had approached the Court through her elder sister in 2023 when she was only 17 years old.Advocates Rushda Choudhary and Arshad Majid Malik represented the petitioner.Nazia Fazal, Assisting Counsel to Senior Additional Advocate General (AAG), Monika Kohli, appeared for the State.
In another case, the High Court of Jammu and Kashmir and Ladakh has closed the proceedings of a case which was registered 46 years ago and set free the woman, now 70 years of age, who was convicted on charges of culpable homicide not amounting to murder.
Shameema Begum, a resident of Uri in Baramulla district of Jammu and Kashmir, was arrested on charges of causing grievous injuries to her husband’s grandmother during a scuffle with her mother-in-law in 1979.
The victim died four days after the incident and the state pressed murder charges against the accused. However, during the course of the trial — which lasted 30 years, Begum was convicted under Section 304-II of IPC and sentenced to five years rigourous imprisonment in 2009.She appealed against the sentence before the High Court the same year and sought reduction in the jail term.
Justice Sanjay Parihar quoted several Supreme Court judgements while disposing off the case and set free the 70-year-old woman.“At the time of admission of the appeal, the appellant had expressed her intention not to challenge the conviction and sought consideration of release on probation under Section 562 CrPC. However, the State indicated its intention to file an appeal, which was never pursued,” the court observed in its five-page order. It said the offence was committed in a heat of passion without premeditation.
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