Rajasthan High Court Orders Suspension Of Cop Who Allegedly Separated An Inter-Caste Married Couple

The Rajasthan High Court earlier this week ordered disciplinary action against the Constable and called for his provisional suspension, who has been accused of separating an Intercaste couple and threatening the man who filed a habeas corpus petition seeking production of his wife.

The Court also took serious exception to the conduct of the Police Constable Chandrapal Singh as though he claimed to be on court duty in connection with the instant habeas corpus petition but he was not in uniform

The Bench of Justice Manoj Kumar Garg and Justice Sandeep Mehta was hearing the habeas corpus plea of one Kavish Nath seeking production of his wife. The petitioner and the corpus belong to different casts. While the petitioner is Jogi by caste, the corpus hails from the Rajput community

On Tuesday, July 13, she was present before the Court and the Bench conversed with the corpus, and prima facie concluded that she was under pressure and was unable to give a statement free from duress/ coercion.

The Counsel representing the petitioner made some serious allegations against a Constable, Chandrapal Singh who is posted at Police Station Karera, District Bhilwara and urged that he had been instrumental in the removal of the corpus from the petitioner's company.

It was further alleged that the said Constable came to his office in the first week of July while the petitioner was present there for signing the habeas corpus petition and threatened him with dire consequences.

Allegedly, the petitioner's mobile phone was forcibly taken away from him and was got unlocked and some messages were seen from the same.

It was also alleged that when the petitioner and the corpus went to the Police Station Pokhran for presenting the order of police protection, the Constable was present there and he snatched the original documents of the petitioner.

On confronting, the Constable with these allegations, he admitted that he was in Jodhpur on the given date but denied that he went to the office of the counsel.

Further, the Court ordered thus:

"Looking to the serious allegations, we hereby direct the Superintendent of Police, Bhilwara to initiate disciplinary action against the Constable Chandrapal Singh and he shall provisionally be placed under suspension. The preliminary inquiry report of Superintendent of Police, Bhilwara shall be placed for the perusal of the court on the next date of hearing."

Lastly, on July 16, the Court directed that corpus shall be set at liberty forthwith and in view of the apparent threat to the safely and security of the corpus and the petitioner, the Court further directed the Superintendent of Police, Jaisalmer to provide security to them and petitioner's family members till the threat perception to their life persists. 

Case title - Kavish Nath v. State of Rajasthan and others

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