Article 144 | Police Force Bound By Supreme Court's Decisions To Protect Marital Freedom Of Consenting Adults: Jammu & Kashmir High Court

Highlighting Article 144 of the Constitution which mandates all government authorities to abide Supreme Court decisions, the Jammu and Kashmir High Court recently came to the rescue of an adult woman apprehending life threat for marrying a person of her choice.

Justice Rahul Bharti observed,

"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."

The petitioner, a major, said she had exercised her free will to enter into marital relationship and for that has earned displeasure of her family.

The bench referred to the landmark judgment of Lata Singh vs. State of UP and anr, 2006 (5) SCC 475, in which the Supreme Court had directed government and police authorities across the country to ensure that individuals who are of legal age and choose to enter into inter-caste or inter-religious marriages are not subjected to harassment, threats or acts of violence.

In view of the judgment of the apex court which continues to occupy the field, the bench directed the Senior Superintendent of Police in Poonch to issue appropriate directions to the SHO Police Station in Mandi District Poonch to ensure that the petitioner and her husband are not subjected to any harassment, intimidation, or threats from the petitioner's family or anyone acting on their behalf.

Furthermore, the court directed that no arrest of the petitioner or her husband shall be carried out by the police in case an FIR has been registered at the instance of the petitioner's family.

Case Title: Afsana Kouser Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 85

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