The Punjab and Haryana high court has directed the CBI to conduct an inquiry into an incident wherein a runaway couple solemnised an interfaith marriage in an autorickshaw instead of a mosque.
“Since the marriage solemnised appears to be an eyewash as by no stretch of imagination, a maulvi/qazi under the Mohammedan law can be expected to perform nikah in an autorickshaw, without the presence of two witnesses coupled with the place of solemnisation of marriage stated to be at masjid, Nayagaon (Mohali).The petition raises a profound and conspicuous suspicion in the mind of the court which needs to be debunked by conducting probe through an independent and central agency i.e. CBI,” the HC ordered.
High court asks CBI to see if qazi competent to perform marriage
Justice Sandeep Maudgil asked the central agency to probe the motive behind the marriage of getting it solemnised in an autorickshaw without the presence of any witnesses and an attorney.
The high court also asked CBI to look into whether the maulvi/qazi was competent enough to perform the marriage as per the desired customs and rituals of Islam, at such a ‘place’, and also to inquire into the credentials of the attorney known as Mohd Bin Salem.
Criticising the probe by Punjab police in this case, the HC observed: “This court being sanguine of the fact that the investigation conducted by the concerned police officials is deplorable as it has only touched the tip of an iceberg wherein a much larger part needs to be discovered underneath and the state having failed to perform the necessary action, this court, in the facts and circumstances involved, is constrained to seek assistance from CBI to look into the matter.”
The court was hearing a petition filed by a couple alleging threat from the girl’s family, as they had entered marital relationship against their wishes. In this case, the girl allegedly converted to Islam to marry. In the petition, the girl mentioned the address of her family at Fateh garh Sahib in Punjab.
The HC was informed that marriage was solemnized on July 6 at Nayagaon near Chandigarh as per Muslim rites and rituals. The couple also produced a marriage certificate in this regard.
After examining the photographs, the HC observed that the marriage was not being solemnised at any masjid and whatever the ceremonies have been made apparent in the petition were evidently being conducted in an autorickshaw.
When the bench questioned the counsel for the petitioners, he candidly admitted that ceremonies were conducted in an autorickshaw.