NEW DELHI: The Supreme Court on Thursday granted interim protection from arrest to a Muslim doctor from Delhi in a case of raping a Hindu woman from Moradabad on the pretext of marriage.
A vacation bench of Justices Aniruddha Bose and Rajesh Bindal issued notice to the Uttar Pradesh government and the complainant woman seeking their response in the matter. The counsel for the woman claimed that this was a case of 'love jihad'.
The top court directed Dr Abdul Qadir, the petitioner not to enter Moradabad, the place of registration of the case, till the next date of hearing. It also told him not to enter into any communication with the woman either directly or indirectly.
Advocate Purnima Jauhari, appearing for the woman complainant, objected to the interim protection from arrest to Dr Qadir.
"The man is a crorepati and she is a victim in the matter," she said, adding this is a case of love jihad.
She claimed the accused on the pretext of marriage, established sexual relations with the complainant.
The petitioner moved the apex court challenging a May 10 Allahabad High Court order, which dismissed his anticipatory bail application.
The petition, filed through advocate G Indira, said that the issue which is central to the facts of the case is that the complainant's lawyer is trying to extort money to the tune of Rs one crore by turning out a case of love into an incident of love jihad.
The plea said that lawyers endeavour since beginning is to give a nomenclature to the relationship of the petitioner and the complainant a political and religious colour.
"The petitioner herein and the Complainant /Infomant/Prosecutrix were in live-in relationship started in the year 2019 but the relation later turned sour following which the Complainant/Infomant/Prosecutrix filed a case against the petitioner herein by even writing that the Petitioner herein portrayed himself as Hindu man by allegedly stating his name as Kabir which is contrary to the records of the case," it said.
In its order, the High Court had said the accused petitioner was not entitled to bail as the activity of the applicant cannot be said in good faith and his promise can also not be said to be bona-fide and it was in the best knowledge of the applicant that, he being a married person, marriage with the victim was not possible.
It also stated the case diary showed that Facebook account of the victim was hacked and obscene material was posted to send a message to the Mangetar of the victim, marring her chances of her marriage.
The FIR in the case was lodged on January 10, 2023 in Moradabad by the woman who came into contact with the doctor when he was studying Masters in Surgery in a private medical college.
