Interfaith Marriage Performed In Rickshaw? High Court Directs Punjab Police To Probe Alleged Religious Conversion Racket

The Punjab and Haryana High Court has asked Punjab's Fatehgarh Sahib SSP to enquire whether any racket of religious conversion is operating under garb of conducting "fake marriage".

Expressing "shock and dismay", the Court found in a protection plea that as per the pictures, the marriage took place in an auto-rickshaw whereas in the declaration it was stated that Nikah in a masjid has been performed.

Taking note of the "false declaration", Justice Sandeep Moudgil said, "this act not only tantamount to misleading the Court on the part of the petitioners approaching with unclean hands but serious offence of committing perjury with the Court."

Though the Court refrained from proceeding with action against perjury, it said such an act on the part of the petitioner No.2 (man seeking protection) tantamount to criminal contempt of the Court and and inquiry must be ordered.

These observations were made while hearing a protection plea of a run-away couple, who sought protection from the family members of the girl.

It was submitted by the counsel for the petitioners that the marriage was solemnized in July at Punjab's Nayagaon as per Muslim rites and rituals against the wishes of girl's relative and, therefore, they are facing threat to their lives.

State counsel submitted that efforts were already made by the police officials of the concerned police station to contact the petitioners and to enquire about the threat perception prevailing against them at the hands of girl's relatives but they could not be found at the address given in the memo of parties.

Perusing the marriage certificate issued by the Qazi, the Court noted that the factum of marriage has been attested by the bridegroom.

However, while examining the pictures of marriage ceremony the Court observed, "to utter dismay and shock, perusal of the photographs make it crystal clear that the marriage was not being solemnized at any Maszid and none of the witnesses as stated in the certificate i.e. presence of any Vakil (Advocate) or witness or Ahle Jama is absolutely missing."

The Court further noted that counsel for the petitioners, "candidly admitted that ceremonies were conducted in an auto-rickshaw."

Justice Moudgil highlighted that "the whole proceeding seems to be vitiated with the ulterior motives and befooling the Court under the garb of having solemnized marriage and facing threats from private respondents No.4 to 7.(girl's relative)."

Consequently, the Court directed Superintendent of Police, Fatehgarh Sahib to, "enquire into the matter in the light of aforesaid observations and to conduct in letter and spirit enquiry in detail including if any racket operating under religious conversion under the garb of such fake marriage."

While listing the matter for July 23, the Court directed the Senior Superintendent of Police to ensure that the petitioners are produced in Court on the next date of hearing along with girl's relative.

Mr. Harjinder Singh, Advocate for the petitioner(s).

Mr. Rajiv Verma, DAG, Punjab.

Case Title: XXXX v. State of Punjab & Ors.