The Bench of Justice J. J. Munir was hearing the bail plea of a man who, along with other family members, allegedly eliminated her sister and also shot her husband to ‘punish him’ as the woman had married him contrary to the wish of her family members.
The Court rejected the bail plea and remarked that if prima facie “these allegations were to be established at the trial, there is no place for citizens in our society.”
“In the opinion of this Court, prima facie if these allegations were to be established at the trial, there is no place for citizens in our society who act in derogation of the much cherished constitutional values of individual liberty, and, instead, repose faith in archaic social values of family honour to an extent that they would go to eliminate a family member choosing a life partner for herself. No case for bail in the opinion of this Court is made out,” the Court said.
The bail application was moved by one Gulshan, who was charged under Sections 302 (murder), 307 (attempt to murder) and 506 (criminal intimidation) of the Indian Penal Code.
After hearing the parties, the Court held the prima facie view that,
“Prima facie, it is a brazen case of honour killing where family members, including the deceased Jyoti’s father, uncle, cousin and her brother have all participated to put an end to a young life on account of a false sense of family pride, which they have prima facie sought to redeem through this crime. The applicant is certainly an active participant in the entire episode, though he may not have wielded the gun or inflicted the fatal injury.”
Accordingly, the bail application was dismissed.