The High Court of Punjab and Haryana directs DGP, Haryana to provide a status of honour killing cases in Haryana and the steps taken to protect witnesses.
While hearing a bail application filed by a person accused of honour killing Hon’ble Justice Arun Kumar Tyagi of the Punjab and Haryana made some observations:
Some observations made by the Hon’ble Justice were:-
- In cases of Honour killing, a speedy investigation should be conducted by Special Investigation teams whose members have the requisite experience.
- There should not be any undue delay in the investigation, and no unwarranted sympathy should be shown towards the offenders.
- Sincere effort should be made by the investigators to collect circumstantial evidence.
- Authorities should take steps for protection of witnesses including the husband or the survivor-wife or other witnesses to complete the chain of circumstantial evidence to incriminate the people responsible for honour killing.
- The Court should conduct fast track trials for early disposal of the case.
The Court made the observations mentioned above while going through the instant case and it was observed that:-
- Even after the report for the abduction was filed, there was no mention of what steps were taken by the police to rescue the couple.
- Protection was not provided to the survivor-wife, and her custody was given to her parents even though it was alleged that her relatives committed the crime.
- There was no mention of the steps taken to trace the accused who are absconding.
- Role of the father and brother of the survivor-wife was not appropriately probed.
What had happened in the case:-
As per the FIR, Dharambir and Sunita Rani were abducted by the accused persons and subsequently Dharambir was killed.
A case was lodged, and the statement of the survivor-wife( Sunita Rani ) was recorded.
Based on the statement and the investigation, 12 of the 15 accused were arrested while three accused absconded. Most of the accused were relatives of the survivor-wife.
The present petitioner approached the Court and prayed that he should be granted bail as out of the 12 accused 10 were granted bail, and therefore he should also be enlarged.
Order and directions of the Court
The matter was adjourned as the copies of relevant documents were not filed, and the learned state counsel sought time to file an additional reply.
Before adjourning the case, the Hon’ble Court directed the Director-General of Police, Haryana to provide the following information:-
- The number of cases of honour killing registered in Haryana in which trial or investigation is still pending.
- What steps were taken by the authorities for securing fast track trial and fast track investigation of honour killing cases?
- What steps are taken for the protection of witnesses, husband and survivor-wife in cases of honour killing?
Title: RAVI KUMAR V/S STATE OF HARYANA
Case No.: CRM-M-23537-2020
Date of Order:26.10.2020
Coram: Hon’ble Justice Arun Kumar Tyagi