[Honour Killing] 'Fast Track Investigation By SITs Needed', Punjab And Haryana High Court Calls For Details Of Pending Cases

The Bench of Justice Arun Kumar Tyagi has further asked the State DGP to spell out the steps taken for the protection of the survivor-wife or the husband and other important witnesses in the completion of the chain of circumstantial evidence incriminating the accused responsible for commission of the heinous offence.

The matter before the Court

The Bench was hearing the third petition under Section 439 of the Code of Criminal Procedure, 1973 in case FIR No.126 registered under Sections 285, 148, 149, 452, 364, 365, 302, 201 and 120-B of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959 registered at Police Station Bhattu Kalan, District Fatehabad.

The FIR was filed regarding the abduction of Sunita Rani and Dharambir. It was lodged by Rai Singh on 01.06.2018. Dharambir was subsequently murdered by the persons who had abducted him.

Notably, the case involves allegations of honour killing of Dharambir by persons whose honour was allegedly subjected to disgrace by the deceased by performing marriage with their relative Sunita Rani (daughter of Sita Ram).

Statements of Sunita were recorded under 164 of the Cr.P.C. twice, and she had also named the persons with whom her husband Dharambir was last seen by her.

The Court noted that no efforts were ever made for her protection despite the fact that she was an important witness against the accused all or most of whom were her relatives.

The Police had stated in its reply that 15 accused were involved in the present case in the commission of the offences mentioned above, out of which 12 accused have been arrested so far but 3 accused namely Neki Ram, Balwant and Sher Singh are still absconding despite expiry of more than 2 years.

The Court further noted that there was no mention in the reply as to what steps regarding getting them declared as proclaimed offenders and attachment and sale of their properties have been taken.

Also, the Court noted that there was no mention as to what was the role of father, brother (if any), and other family members of Sunita in the commission of the subject offences.

Court's Order

The High Court cited the Apex Court's ruling in the case of Bhagwan Dass vs. State (NCT) of Delhi 2011 (2) R.C.R. (Criminal) 920, wherein the Court had noted that,

"22. Before parting with this case we would like to state that 'honour' killings have become commonplace in many parts of the country, particularly in Haryana, western U.P., and Rajasthan. Often young couples who fall in love have to seek shelter in the police lines or protection homes, to avoid the wrath of kangaroo courts. We have held in Lata Singh's case (supra) that there is nothing 'honourable' in 'honour' killings, and they are nothing but barbaric and brutal murders by bigoted, persons with feudal minds.

23. In our opinion honour killings, for whatever reason, come within the category of rarest of rare cases deserving death punishment. It is time to stamp out these barbaric, feudal practices which are a slur on our nation. This is necessary as a deterrent for such outrageous, uncivilized behaviour. All persons who are planning to perpetrate 'honour' killings should know that the gallows await them"

In this context, the High Court observed,

"Cases involving honour killing require fast track investigation by Special Investigation Teams having members with requisite expertise without any undue delay in investigation and unwarranted sympathy with the offenders while making sincere dedicated serious efforts for collection of circumstantial evidence available, the taking of steps for protection of the witnesses including the survivor-wife or the husband and other important witnesses in completion of the chain of circumstantial evidence incriminating the accused responsible for the commission of the heinous offence and also fast track trial before the Court for early disposal of the case by securing the presence of the prosecution witnesses before the Court." (emphasis supplied)

Lastly, the Court directed that copy of the order be sent to the Director-General of Police, Haryana for requisite compliance. The DGP has to submit the relevant details by 10^th November.

Interestingly, a 2 judge bench of the Supreme Court of Pakistan, comprising Justices Qazi Faez Isa and Sardar Tariq Masood had recently opined that "the killing of women in the name of honour had never been an honourable practice and that such murders should not be categorised as honour killings."

It was also observed by the Supreme Court of Pakistan that extremism and violence has permeated through Pakistani society and it has been brutalized. Not enough is done to ensure that crimes against women do not take place.