The Uttarakhand High Court on Friday directed the Haridwar District Magistrate to inquire from the authorities as to why the application of Anjali, also known as Afsana, for conversion has not been processed. She and her Hindu husband were also provided police protection by the Court.
The bench of Justice Sudhanshu Dhulia and Justice Ravindra Maithani passed this order while hearing a petition filed by Anjali and another. The petitioners belong to different faiths and Anjali has converted to the faith of her Hindu husband, the second petitioner. The two married on December 16, 2020. They sought police protection from the Court as they have an apprehension that the her brothers may physically harm them.
“We say nothing about the marriage or even the earlier conversion of Afsana from Muslim to Hindu, as it is prima facie in violation of the Uttarakhand Freedom of Religion Act, 2018, as no such permission has been taken from the concerned District Magistrate”, the Court said.
According to the petitioners, they have already moved an application before the concerned District Magistrate but no decision has been taken on it.
The Court observed, “They seem to be articulate and they both have apprised the Court that they have a threat perception at the hands of the private respondent no.3 and 4 (her brothers).”
Meanwhile, purely in the interest of justice and in view of the law laid down by the Apex Court in the case of Lata Singh Vs. State of Uttar Pradesh and another reported in (2006) 5 SCC 475 and S. Khushboo vs. Kanniammal and another reported in (2010) 5 SCC 600, as an interim measure, the Court directed the Senior Superintendent of Police, Haridwar to coordinate with the subordinate officers of Police and give suitable directions to the concerned SHO, to provide necessary protection to the petitioners as there is a threat perception at the hands of respondent nos. 3 and 4.
The Court has also issued notice to respondents 3 and 4. Three weeks’ time has been granted to the respondents to file counter-affidavit.
Matter has been posted for further hearing on March 05, 2021.