A runaway interfaith couple, who had filed a protection suit with the Punjab and Haryana High Court, found themselves in hot water when the court considering their appeal discovered that, contrary to their declaration, their "nikah" was performed in an autorickshaw rather than a mosque.
The bench expressed "dismay and shock" and has now requested that the Senior Superintendent of Police in Fatehgarh Sahib, Punjab, look into the possibility of "any racket of religious conversion" operating under the guise of these fictitious marriages, Indian Express reported.
Justice Sandeep Moudgil's bench noted the "false declaration" with seriousness and stated, “This act not only tantamounts to misleading the court on the part of the petitioners approaching with unclean hands but serious offence of committing perjury with the Court…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”.
While hearing the couple's appeal for protection from the woman's family, Justice Moudgil offered the following observations. The petitioners' counsel, Advocate Harjinder Singh, had earlier stated that the marriage was formally celebrated in July in Nayagaon, Punjab, in accordance with Muslim customs, against the woman's desires, and that they were currently in danger due to the latter. The pair filed a marriage certificate and pictures with the court through the representation of its solicitors.
Deputy Advocate General Rajiv Verma stated on behalf of Punjab that the relevant police station officers had already attempted to get in touch with the petitioners and find out about any threats they could be suffering. However, the couple could not be found at the address given in the memo of parties.
In the meantime, the court looked over the marriage certificate that the Qazi had issued and the photos that went with it during the hearing.
“To utter dismay and shock, perusal of the photographs make it crystal clear that the Interfaith marriage in auto-rickshaw: HC asks if conversion racket at work marriage was not being solemnized at any Maszid,” Justice Moudgil observed, adding, “none of the witnesses as stated in the certificate, that is the presence of any Vakil (advocate) or witness or Ahle Jama, is absolutely missing”.
Furthermore, the bench observed that it was clear that the rituals were held in an autorickshaw.
When the same was put to the counsel for the petitioners, it was “candidly admitted during proceedings that ceremonies were conducted in an auto-rickshaw”.
Holding the:whole proceeding to be vitiated with ulterior motives”, the bench said the Court would proceed for an offence of perjury.
“Such an act on the part of the petitioner No.2 (man) tantamount to criminal contempt of the court whereby false declaration have been made in the pleadings of the petition,” the bench held.
The bench directed the SSP, 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.”
The judge directed the SSP to make sure that both the petitioners and the respondents appear in court on the following hearing date, July 23, and listed the matter for that day.