[Honour Killing] No place in society for citizens who repose faith in archaic values of family honour: Allahabad High Court

While rejecting a bail plea filed in an honour killing case, the Allahabad High Court recently remarked that there is no place in our society for citizens who act in derogation of constitutional values and support archaic values of "family honour" to the extent of eliminating an individual. (Gulshan v. State of UP).A Single Judge Bench of Justice JJ Munir passed the order in an honour killing case in which the couple, who belonged to different castes, had married contrary to the wishes of the woman's family.The Court rejected the bail plea moved by one of the accused who was charged for killing the couple 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..Counsel for the applicant, Advocate Ansar Ahmad submitted that the role assigned to the applicant was of assaulting the injured witness Rohit Kumar and the role of shooting was assigned to the other co-accused, but not the applicant. Furthermore, it was submitted that the injured witness had testified to the fact that it was not Gulshan who shot the deceased or injured Rohit Kumar, and that his case is distinguishable from the other applicants..On the contrary, the government counsel opposed the bail application and submitted that it is a case of honour killing..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..[Read order]