SC grants liberty to Petitioners in Polygamy Challenge to approach Police for Security

The Supreme Court today granted liberty to petitioners who have challenged the practice of polygamy and Nikah Halala to approach the police to avail security..The order was passed by a Bench of Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud in the light of the fact that one of the petitioners was subject to acid attack for filing the petition..The said petitioner had approached the Supreme Court by way of an interim application seeking security and compensation. The Court allowed the same and directed that the application for compensation should be dealt within a span of two weeks..“It is submitted that certain security has been provided to the applicant. Considering the nature of the lis, it is directed that if any further security is required, the applicant may submit a representation to the concerned Superintendent of Police who shall scrutinise the same and do the needful in the matter….Additionally, if there is a scheme for compensation and any application has been submitted, the same shall be dealt with in accordance with law within a span of two weeks hence.”.The Court also directed that the applicant should be given adequate medical treatment..“The concerned Chief District Medical Officer of the district shall do the needful in the matter when it is brought to his notice. Officers who have been mentioned hereinabove should be sensitive enough to carry out their duties as far as such treatment is concerned, that is, in consonance with the order of this Court and the policy of the State Government and, therefore, there cannot be a delay in such matter.”.The Court then proceeded to deal with applications by other petitioners who were apprehensive of similar repercussions. It ordered that they would be at liberty to submit a representation to the concerned Superintendent of Police of the area who shall look into their grievance as far as providing security is concerned..“Though the issue in the said writ petition has already been directed to be placed before the Constitution Bench, vide order dated 26.03.2018 passed in W.P.(C)No.222/2018 etc., as there are a number of applicants (including those who are apprehensive of such incident), they may be allowed to submit a representation to the concerned Superintendent of Police of the area who shall look into their grievance as far as providing security is concerned. They are at liberty to do so. Be it clarified, if any of the applicants need treatment, the abovementioned order passed in I.A.No.133436/2018 shall apply to such applicants as well.”.Senior Advocate Sajan Poovayya and advocates Ashwini Kumar Upadhyay and Rajeev Sharma appeared for petitioners. Additional Advocate General Aishwarya Bhati appeared for State of Uttar Pradesh. Additional Solicitor General Pinky Anand appeared for the Union of India..Read the order below.

SC grants liberty to Petitioners in Polygamy Challenge to approach Police for Security

Murali Krishnan

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