The Punjab & Haryana High Court, in a significant development, has ordered a Central Bureau of Investigation (CBI) probe into a suspicious marriage solemnized in an auto-rickshaw, which the court observed could potentially be an attempt at illegal conversion. The case, filed under CRWP-6460-2024, has brought to light several legal issues, including the legitimacy of the marriage and the sincerity of the police investigation.
Background of the Case:
The case was brought before the High Court by the petitioner, whose counsel, Mr. Harjinder Singh, Advocate, argued that the marriage, allegedly conducted by a Maulvi/Quazi, did not adhere to the prescribed rituals of Muslim law. The petitioner alleged that the marriage, which was purportedly conducted in an auto-rickshaw, was not only unconventional but also raised questions about its legality, particularly in the context of religious conversion.
The investigation by the local police, led by Mr. Mohit Kumar Singla, Deputy Superintendent of Police, Sub-Division Bassi Pathana, District Fatehgarh Sahib, was scrutinized by the court. The initial police investigation involved recording statements from villagers, a Maulvi/Quazi, and witnesses named Amandeep Singh and Hardeep Singh. However, these witnesses denied participating in the marriage or signing the marriage certificate.
Legal Issues and Court Observations:
The High Court, presided over by Justice Sandeep Moudgil, expressed profound concern over the investigation’s quality, stating that it “has only touched the tip of an iceberg.” The court observed that the investigation seemed to have been conducted with the intention of hushing up the matter, rather than uncovering the truth.
One of the central issues identified by the court was the suspicious nature of the marriage ceremony. Justice Moudgil noted, “By no stretch of imagination, a Maulvi/Quazi under the Mohammedan law can be expected to perform NIKAH in an auto-rickshaw, without the presence of two witnesses,” raising doubts about the marriage’s legitimacy. The court further questioned whether the Maulvi/Quazi was competent to perform the marriage at such a location and whether there was an underlying motive related to religious conversion.
Court’s Decision:
Given the gravity of the situation and the apparent inadequacy of the local police investigation, the court deemed it necessary to involve the CBI. The court directed the CBI, represented by Mr. Prateek Gupta, Advocate, to conduct a thorough and impartial investigation into the matter. The CBI has been tasked with examining whether there was any coordinated effort to facilitate an illegal conversion through this marriage and to investigate the credentials of the attorney involved.
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The court has scheduled the next hearing for August 29, 2024, by which time the CBI is expected to provide a preliminary report on its findings.
Parties Involved:
– Petitioner: Represented by Mr. Harjinder Singh, Advocate.
– Respondent: State of Punjab and Another.
– CBI: Represented by Mr. Prateek Gupta, Advocate.
– Case Number: CRWP-6460-2024.
