The Supreme Court on Thursday declined to intervene in a plea seeking protection for a runaway couple who apprehend an honour killing, and asked the parties to first approach the High Court under Article 226 of the Constitution.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi urged the parties to move the High Court the same day.
Advocate Mentions Matter Before Bench
Advocate Harvinder Chaudhary mentioned the matter before the Bench. She informed the Court that she had come across the couple in the Supreme Court parking area. According to her, the two were under the impression, after watching reels on social media, that they could get married in the Supreme Court.
She submitted that the girl was from Bihar and the boy was from Uttar Pradesh, and that both were facing death threats from their parents and relatives.
Allegation of Threats and Police Detention
Chaudhary told the Court that the girl’s parents had threatened to hang the couple from a tree. She further alleged that when the couple approached Tilak Marg Police Station in New Delhi for protection, the police attempted to detain them instead of extending assistance.
“I took them along with two lawyers, me, Atul Kumar Yadav and Triprary Chopra. We three went to the Police Station Tilak Marg….It’s surprising, I don’t want to say, it will be very cheap and very flippant to the system. Police tried to detain us and they detained the girl and the boy who had gone for protection. I told the police, you please detain me, but I shall not leave a young girl of years old to the Police Station. That is the situation.”
Court Questions Why Couple Came to Delhi
The Chief Justice then asked why the couple had come to Delhi.
In response, the advocate said that the couple had been influenced by social media and reels and had formed the impression that marriages are performed at the Supreme Court and that protection is available at the residence of the Chief Justice.
“Woh reels dekhte hai, unke yeh laga SC mein shaadiya hojaati hai aur Chief Justice ke ghar jaya jata hai…I mean, that is a strange attitude, because of the social media !”
Supreme Court Says High Court Should Be Approached First
The Chief Justice asked the advocate to move the High Court under Article 226 and remarked that the High Court’s jurisdiction should not receive “stepmotherly” treatment.
Although Chaudhary assured the Bench that she would approach the High Court, she also highlighted what she described as a significant gap in the system, namely the absence of shelter homes or protection facilities for young runaway couples fearing honour killings.
The Chief Justice observed that such cases are not always straightforward and noted that there have been instances where the man who eloped was already married and had children.
The Bench emphasised that, so far as the protection of the present petitioners was concerned, the High Court would appropriately consider the issue involving their personal liberty.
“Go to the HC and I am sure the HC will consider this today itself, we will communicate to the HC registrar judicial,” the Chief Justice said.
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