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Taking note of the flagrant violation of Apex Court’s directions in matters of honor killing, Chandigarh High Court on Tuesday issued directions to State Governments of Punjab and Haryana, States’ Police and State Legal Services Authorities to further ensure justice.

The Bench of Justice Arun Kumar Tyagi issued the directions stating that the matter at hand was a glaring example of how the directions given by the Supreme Court were being flouted by the authorities.

The Bench was hearing a bail plea in a case of honour killing, where 15-16 people abducted a married couple and murdered the man.  However, the court allowed the bail on the grounds of trial likely to take a long time and restrictions imposed due to the spread of infection of Covid-19. Though, the court made several significant observations before parting with the case.

Reiterating multiple judgements of the Supreme Court and High Court which have condemned violence against inter-caste/inter-religion marriages and honour killings and have provided for directions to prevent such violence, the court noted that the facts and details of the present case show how the directions issued were flouted.

The court stressed that this case shows how the necessity of protection to the couple marrying against the wishes of their family members is ignored, how the police fail to take prompt action to rescue the couple, tries to understate the offences, delay the investigation, shield the accused and still claim that there was no laxity or delay in investigation of the case.

The court said that the ignorance of the Police officers sometimes amounts to almost culpable failure to appropriately supervise/monitor the investigation and take appropriate remedial action to discharge their statutory obligations.

Therefore, taking note of the graveness of the situation, the court issued following directions with the object of preventing abuse of process and securing ends of justice.

Directions to State Governments

Governments of Punjab and Haryana and U.T. Chandigarh Administration have been directed to appoint Committees comprising State officials at the State level within one month which shall examine all the relevant issues of compliance with the directions issued by the Apex Court and Chandigarh High Court.

The committee is further directed to submit its reports with their recommendations within three months and Governments of Punjab and Haryana and U.T. On the basis of the recommendation made in those reports, the Government shall take policy based action for implementing the same.

Directions to the police

The Director Generals of Police of all three territories have been directed

- To create a Special Cell in each Districts which shall collect and maintain information and prepare the data base in respect of couples who approach the courts for protection and the cell will also call for reports regarding the assessment of threat perception to them and will take action on the same.

- To set up 24-hour helpline

Further directions have also been issued to DGs.

Directions for expeditious trial

All the Sessions Judges in the three territories have been directed to ensure that cases of Honour Killing are assigned to the designated Court/Fast Track Court/one jurisdictional court.

Such concerned court have been further directed to ensure expeditious disposal within the period of six months. This direction shall apply even to pending cases.

In cases where the trial is not concluded within the period of six months, the concerned Court shall submit the progress report to this Court seeking extension of time specifically mentioning the period within which the trial is likely to be concluded.

Directions to the State Legal Services Authorities

The State Legal Services Authorities, Punjab, Haryana and U.T. Chandigarh have been directed to prepare a scheme for providing legal aid to couples seeking protection.

The Authority will also provide a capable legal aid to the victims of violence against inter caste/inter religion marriages and dependents of victims of honour killings against accused in the eventuality of their conviction.

The Authority has been further directed to take appropriate steps for award of appropriate interim/final compensation to the victims of such crimes.

(Case Title: Ravi Kumar vs. State of Haryana and Another)