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Delhi HC issues notice to Ghaziabad Police for declaring protected family as absconding in conversion case

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New Delhi | February 15, 2025 6:12:35 PM IST
The Delhi High Court has issued a notice to the Ghaziabad Deputy Commissioner of Police (DCP) and Assistant Commissioner of Police (ACP) on a plea moved by the brother of an accused involved in a case of alleged religious conversion and abetment of suicide.

A petition filed by Kashif Athar, the brother of the accused and a practising advocate, alleged that despite informing the concerned police authorities of Ghaziabad about the court's protection order via email, the said authorities issued a public notice in the newspaper. This public notice, which offers a reward for the capture of the absconding accused, constitutes contempt of the court's order.

Supreme Court AOR Pawan Reley, along with Advocate Kashif Athar, personally argued the case for the petitioner.

The plea stated that despite the court granting transit anticipatory bail and the petitioner sending the orders to the Ghaziabad police, the authorities ignored the directives and issued a notice on December 25, 2024, in several newspapers.

"The notice falsely claimed that the petitioner, his mother, and his sister, who are accused in a case related to "Love Jihad," had absconded, and offered a reward of Rs 25,000/- for any assistance in their arrest," the plea stated.

Additionally, the plea mentioned that the petitioner had sent an email to the Ghaziabad police and senior officials, requesting the revocation of the notices dated December 25. However, the Ghaziabad police have failed to revoke the said notices to date.

Earlier lawyers informed the court that the main accused, Faraz Attar, is currently in judicial custody.

The lawyers clarified that it was Faraz Attar who had been engaged to the complainant's daughter and that the suicide occurred at her residence.

Lawyers further argued that the allegations against the petitioners involved facilitating tuition for the complainant's daughter, with the claim that they tried to convert her to Islam against her will. However, they emphasized that there is no allegation against the petitioners that they had any role in instigating the complainant's daughter to commit suicide.

Previously, the Delhi High Court granted transit anticipatory bail to a lawyer whose brother is facing charges under the Uttar Pradesh Prohibition of Unlawful Conversion of Religious Act, Cheating, breach of Trust, causing hurt by means of poison, sexual intercourse by employing deceitful means, miscarriage, and dowry. The court also granted protection to the sister and mother of the main accused in the matter.

The charges stem from allegations made by the father of a woman, whom the brother was set to marry, accusing him of abetting her suicide.

The lawyer sought protection from arrest as the case is being handled in Uttar Pradesh.

Earlier, it was argued that it was the petitioner's brother, Faraz Athar, who had been engaged to the complainant's daughter, and it was at her own residence that the woman tragically committed suicide.

Advocates stated that the sole allegation against the petitioner is that petitioner allegedly instructed his brother, Faraz Athar, to obtain a letter from the complainant (father), stating that he had no objection to his daughter marrying a Muslim man. However, there are no allegations suggesting that the petitioner in any way instigated the complainant's daughter to take her own life.

The Court had noted that, according to the prosecution, on November 24, 2024, the petitioner's brother got engaged to the complainant's daughter at the Radisson Blu Hotel in Noida, in the presence of family members from both sides.

However, on December 11, 2024, as per the FIR allegations, the complainant's daughter tragically committed suicide, leading to the registration of the FIR against the petitioner and his family members, including his mother, brother, and sister.

The Ghaziabad police later arrested a 38-year-old man - Faraz Athar on charges of abetting the suicide of a 30-year-old woman and allegedly coercing her to convert for marriage.

Police said that the woman died after setting herself afire with kerosene at her house in Ghaziabad on December 11, and the 70-year-old father of the woman later filed an FIR against the accused, identified as Faraz Athar Ali, a resident of Shahdara, Delhi, who is currently living in Noida. (ANI)

 
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