Three cheers for the Judiciary!
“….It is inconceivable how an expression of love by a young married couple would attract offence of obscenity and trigger the coercive process of law,…”
– Delhi high court, yesterday, ruling on a public kissing case
Justice S Muralidhar stayed an FIR lodged against one Ajit (name changed) and his wife who were booked by the Dwarka police station cops for allegedly kissing each other under the local Metro station even as they awaited word from their lawyer in connection with registration of their marriage.
The newly married duo was picked up by ASI Vidhyadhar Singh of Dwarka police station on September 4 last year after he claimed to have found them “sitting in an objectionable position near a Metro pillar and kissing each other due to which passersby were feeling bad.” Even though Ajit told them they were married, the cop hauled them to the police station and arrested them. Later, both were granted bail from the police station itself.
HC was surprised how Singh disregarded the fact that the two were married and registered an FIR for obscenity. Moreover, neither in the FIR nor in the subsequent chargesheet did the police attest any statement of witnesses or ‘passersby’, leaving no doubt in the mind of the court that charges were cooked up.
Ajit alleged both to the police and the bar council that the lawyer who promised to get the marriage registered connived with Singh to extort money from him and his wife as they were unaware of the intricacies of law. The case has been posted for February 25 when the prosecution will have to report about the action taken on the complaint of police harassment lodged by the couple with the police commissioner.
Arguing their case before HC, the lawyer brought out finer distinctions in the law on what constitutes obscenity. Speaking to Times City, the advocate explained, “Obscenity charges get attracted when the act is so obscene that it encourages depravity or annoys the public. In this case both these contents are missing because the chargesheet is silent on any passersby as originally claimed,” he added.
Thank you for this before the D-Day .Valentine’s where we will be witness to more hooliganism…
Atleast this gives hope….