“It is an unacceptable situation when Protectors become Attackers”: Allahabad High Court - Against Cops Who Allegedly Assaulted a Girl

ASE: Kavita Gupta Vs State of Uttar Pradesh 

COURT: Justice Rahul Chaturvedi

WRIT PETITION: Habeas Corpus under Article 226 of the Indian Constitution

Recently, a writ petition of Habeas Corpus was filed in the Allahabad High Court, seeking the release of a woman who was illegally detained by her four brothers. The court directed the SSP of Varanasi to inquire into an allegation made by the wife that she was assaulted brutally by the UP police personnel. 

FACT: Kavita Gupta was pursuing M.A. from the Banaras Hindu University (BHU), during her course, she met Mahesh Kumar Vishwakarma and developed deep affection with him. Both of them belonged to different castes due to which their relationship was unacceptable to the girl's family. However, Kavita and Mahesh got married last year against the family's wishes. On 26th April, Abhishek Kumar, in charge, of police chowki of Mirza Murad, Varanasi, along with two lady constables brutally assaulted Kavita and was illegally detained by her brothers. Subsequently, her husband filed a petition of Habeas Corpus in the High Court, seeking the release of his wife.       

HELD: While speculating the facts of the case, the court observed that it is an unacceptable situation where protectors become the attackers and directed the SSP of Varanasi to inquire into the matter and find whether the allegations made by the woman were true or not. If found true, punitive actions shall be taken against such authorities within 10days from the order. 

Further, the court directed the brothers to cut off all relations with their sister and to not trouble or harass her based on her choice of life partner. The writ was disposed of by the court directing the SSP to take care of the safety and security of the couple.