Afghanistani Woman, Her Sister Approach Bombay High Court Seeking Protection From Family After She Married Hindu Boy

Two Afghanistani national women, who are facing life threat from their families as one of them married a Hindu man from Haryana, have approached the Bombay High Court seeking police protection and also a direction to the authorities in Delhi close a criminal case lodged against them at the behest of their family members. 

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale, however, noted that the Mumbai Police has been providing them protection, as prayed for since June last year, after the two sisters along with one of their husband, wrote a letter to the Commissioner of Police, Mumbai.

The judges noted the fact, that the two sisters entered India as refugees as they also hold the 'refugee identity cards' issued by the United Nations Human Rights Council (UNHRC), since 2017. One of the two sisters, married a man from Haryana as per Hindu rituals and customs. However, this did not go down well with their family, who too are living in India as refugees. 

Therefore, the girls, along with the Hindu boy initially petitioned the Punjab and Haryana High Court seeking police protection and they were protected. However, when the husband was detected with cancer, in April 2024, they shifted to Mumbai and so also the threats from their family. Their family members also lodged some criminal case against the two sisters in Delhi.

The girls, thus, wrote a letter to the Commissioner of Police, Mumbai, seeking protection. The city police, after examining the threat perception, granted them the requisite protection. 

But by then, they had approached the HC along with a prayer seeking directions to the authorities in Delhi, particularly the Nizamuddin Police Station, to shut the criminal case lodged against them.

"We are informed by the counsel for the petitioners that pursuant to the order passed by the Punjab and Haryana HC, the police of Chandigarh had granted protection to the petitioners. We are also informed that presently even the Mumbai Police have granted police protection to the petitioners and that the same will be continued till the said threat persists," the bench recorded in their order passed on January 3.

As regards the prayer for directions to the Delhi Police, the judges said, "It is always open for the petitioners to take appropriate steps for the same."

The bench has now posted the matter for further hearing on January 28.

Appearance:

Advocates Diwakar Dwivedi and  Shubham Tripathi appeared for the Petitioners.

Additional Public Prosecutor Prajakta Shinde represented the State. 

Case Title: ABC vs State of Maharashtra (Criminal Writ Petition (Stamp) 26533 of 2024)

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