NIKAH IN AUTORICKSHAW: Punjab & Haryana HC Orders CBI Probe into Suspected Illegal Conversion [Read Order]

The Punjab and Haryana High Court has issued a significant order directing the Central Bureau of Investigation (CBI) to probe a suspected case of illegal religious conversion under the guise of an inter-faith marriage.

Justice Sandeep Moudgil passed the order after expressing “profound and conspicuous suspicion” in a case involving an inter-faith marriage allegedly solemnized in an auto-rickshaw without the presence of witnesses.

The court criticized the investigation conducted by local police officials as “deplorable,” noting that it had “only touched the tip of an iceberg, with much more remaining to be uncovered.”

Rejecting the state counsel’s arguments, the court remarked, “Since the marriage appears to be an eyewash—as it is inconceivable that a Maulvi/Quazi, under Mohammedan law, could perform a NIKAH in an auto-rickshaw without the presence of two witnesses, especially when the place of solemnization is stated to be a Masjid in Nayagaon (SAS Nagar, Mohali)—this petition raises profound and conspicuous suspicion in the mind of the court, which must be dispelled through an independent and central investigation by the CBI.”

The court directed the CBI to conduct a thorough inquiry into whether there was any coordinated attempt at illegal conversion for marriage, the motive behind solemnizing the marriage in an auto-rickshaw without witnesses, and the competence of the Maulvi/Quazi to perform the marriage under such circumstances.

The court emphasized the necessity of a CBI probe, stating, “This court, being fully aware that the investigation conducted by the concerned police officials is deplorable—having only scratched the surface of what could be a much larger issue—finds it necessary to seek assistance from the CBI to delve deeper into the matter.”

The CBI has been given two weeks to investigate and report back to the court with specific responses to the queries posed. The next hearing is scheduled for August 29, 2024.

In conclusion, the court emphasized the need for a thorough investigation into the circumstances surrounding the inter-faith marriage and the competence of those involved in solemnizing it, while directing the CBI to probe the suspected illegal conversion case.

[Read Order]