December 17, 2009 6:00:37 pm
The Kerala High Court stayed further proceedings against two accused in a case relating to ‘Love Jihad’,an organisation allegedly involved in converting girls from other religions to Islam after enticing them to marry Muslim boys.
The two accused — Shanshah and Sirajuddin,facing charges of forcing the girls belonging to Hindu and Christian religions to convert to Islam — had sought quashing of the chargesheet against them in a lower court.
Passing the order,Justice M Shashidharan Nambiar said the conduct of the investigating officer shocked the judicial conscience. Under section 162 of CrPC,no statement made by any person to the police officer in the course of investigation is signed by the person making it.
The action of the police officer “is a flagrant violation of mandatory provisions of the code,” the court said,adding it cannot be believed that the police officer was ignorant of the provisions.
The court also directed the Assistant Commissioner of Cantonment police station,Thiruvananthapuram,to file an affidavit by December 23 stating under what circumstances statement of the two women victims (of Love Jihad) was recorded under Section 161 of CrPC.
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