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Honour killing cases: HC orders high-level panels to monitor probes
The high court on Tuesday ordered constitution of a high-level government panels to monitor probes into honour killing cases in Punjab, Haryana and Chandigarh
The high court on Tuesday ordered constitution of a high-level government panels to monitor probes into honour killing cases in Punjab, Haryana and Chandigarh.
The two states and UT have been directed to appoint committees consisting of home secretary, finance secretary, additional director general of police, legal remembrancer and member secretary, state legal services authorities at the state level to examine within one month the issue of compliance of Supreme Court and high court orders in honour killing cases. The report thus prepared and recommendations made within three months would be submitted to respective governments to take a policy-based action for implementing the recommendations. The committee will also periodically monitor the issue of compliance of directions from the apex court and high court.
The order was passed by the bench of justice Arun Kumar Tyagi in a 2018 case of alleged honour killing in Fatehabad. The matter came in high court in 2020 when one of the accused had sought bail. The facts of the case revealed violations of court orders in this case and laxity and carelessness on the part of police in dealing with it. While dealing with the issue, justice Tyagi had sought reports from Punjab and Chandigarh too. It found similar violations there as well.
The high court has also directed the director generals of police (DGP) to create a special cell in each district to prepare database in respect of couples who approach high court or the district courts for protection. The police will also establish a 24 hour helpline.
The DGPs have further been directed to issue instructions to the field officers for ensuring that in case of reporting of any violence against inter-caste or inter-religion marriage or honour killing, an FIR is immediately registered, intimation is simultaneously given to the DSP concerned, who would ensure effective investigation within three months. Further, immediate steps would be taken to provide security to the couple/family for which they can be given safe house within the same district or elsewhere. “Any failure by any police officer/official to comply with the aforesaid directions be considered as an act of misconduct for which departmental action be taken under the service rules,” the judge ordered.
For expediting trials all sessions judges have been directed to ensure that cases of honour killing are assigned to the designated court/fast track court to ensure expeditious disposal of such cases within six months as directed by Supreme Court. This direction would apply even to pending cases, the court ordered, adding that courts would conduct trial on day-to-day basis and coercive process should be taken to secure presence of the witnesses, if required. In cases where the trial is not concluded within six months, the court concerned would submit the progress report to high court seeking extension.
As of state legal services authorities they have been ordered to prepare a scheme for providing legal aid to couples seeking protection and complainant of such marriages. Steps be taken for award of appropriate compensation to the victims of inter caste/inter religion marriage and dependants/legal heirs of victims of honour killing under the Victim Compensation Scheme, it ordered.
The court also directed Haryana state legal services authority to take steps for award of compensation to legal heirs of Fatehabad resident who was killed in an alleged case of honour killing, within three months. The DGP has been directed to get an inquiry conducted and direct departmental action against the defaulting police officers. The court also ordered that the order passed be sent to all concerned in both the states and the UT.
