Delhi High Court to step in after noting no fast-track courts for honour killing cases

The Delhi High Court on Thursday assured that the issue of setting up special fast-track courts to deal with criminal trials in honour killing cases would be examined by the Court (administrative side) in consultation with the Delhi government [Dhanak of Humanity & Anr. Vs State of NCT of Delhi & Anr.].

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela was dealing with a petition seeking the establishment of such courts and for the setting up of a 24-hour helpline number to register complaints and provide assistance, advice and protection to the affected parties.

The Court was informed that fast-track courts have not been established in Delhi despite the Supreme Court issuing directives for the same in its 2018 decision titled Shakti Vahini vs Union of India. 

The Bench directed the petitioners to make a representation to the administrative side of the Court and to the Delhi government.

Once the representation is made, it shall be attended to by the High Court in consultation with the Delhi government, the Bench added.

The Court stated that if anything is found lacking, adequate steps shall be taken. 

“The establishment of designated fast track courts is done by the Delhi government in consultation with the High Court. Accordingly, we permit the petitioner to approach the High Court by way of making a representation on its administrative side through the Registrar General with a copy to the concerned department of the Delhi government,” the Court's order said. 

The Chief Justice told the petitioner, ”directions are already there, you file a representation.”

The said representation shall be made within a fortnight enclosing all pleas and documents in this regard, the Court added. 

With the aforesaid observations, the writ petition filed on the matter was closed by the Court. 

The petition has been filed by the mother of a victim of honour killing, Himanshu, with the help of a not-for-profit organisation, Dhanak of Humanity, which works in the field of challenges faced by interfaith and inter-caste couples.

The petition said that Himanshu was murdered in April by the brothers of his friend Ayesha. The mother registered an FIR in relation to the killing. She sought to transfer the FIR from a Delhi court to a special court that specifically deals with honour killing cases.

Therefore, she approached the High Court for the implementation of the Supreme Court's 2018 directions for the creation of such courts.

The petition said that non-implementation of the Supreme Court directions caused serious prejudice to Himanshu's mother and similarly affected families.

“The inaction or the State authorities in not constituting a special or fast-track court for trying honour killing cases, despite lapse of more than seven years from the pronouncement or the judgment in Shakti Vahini is a clear breach of constitutional and statutory obligation and wilful disobedience of the directions of the Hon 'ble Supreme Court,” the petition said.

In the Shakti Vahini case, the Supreme Court had passed several directions to tackle the crime of honour killing, including for setting up special cells, fast-track courts, special courts and district-level monitoring committee for the effective prevention, investigation and prosecution or honour killing cases.