The High Court of Uttarakhand directed the Haridwar District Magistrate to inquire regarding the delay in the processing of the application of a woman named Anjali, also known as Afsana, for conversion which 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 the order on Friday, during the hearing of a petition which was filed by Anjali and others. The petitioners belong to different faiths and Anjali had converted to Hindu religion, from the Muslim religion, which is the faith of her husband, who is also the second petitioner in the case. The couple got married on December 16’ 2020 and sought Police Protection from the Court under the apprehension that the first petitioner’s brothers might try and cause harm to 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.” said the Court.
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.
A notice has also been issued to respondents 3 and 4 by the Court and three-weeks’ time has been allotted to the Respondents in order to file a counter-affidavit if they must.
The hearing for the same has been posted to March 05’ 2021.
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