“Undue fervor” shown by cops in arresting interfaith couple, says Gujarat HC; orders IG-level inquiry, sets couple free

The Gujarat High Court Tuesday ordered the release of an inter-faith married couple and ordered an inquiry by the IG level officer into the conduct of police officials in arresting them.

The Court added that while conducting the inquiry, the Range IG concerned must bear in mind that “undue fervor” was shown by the two police inspectors, in whose custody the couple had been detained all these days because it was an inter-religious marriage.

A division bench led by Justice Sonia Gokani also directed that the couple be provided police protection initially for a period of four weeks, whereafter the police commissioner could decide whether it required to be continued or not.

The Court was ruling on a habeas corpus petition filed by the brother of the husband, Nisarkhan Jitubhai Ghasura, stating that the latter was illegally detained and remanded to police custody, following his recent marriage to his 29-year-old childhood friend from another community.

The court also interacted with the couple before passing the order. It granted them the liberty to take all legal recourse including the filing of a petition seeking the quashing of the FIR against them.