Delhi HC grants protection to mother, sister of accused in religious conversion and suicide abetment case

New Delhi [India], December 25 (ANI): The Delhi High Court on Wednesday extended protection to the mother and sister of an accused in a case involving alleged religious conversion and abetment of suicide. This follows a recent order in which the court granted protection to the brother of the accused, who is a practicing lawyer at the Delhi High Court.
Advocates Kashif Athar and Irfan Firdous, representing the petitioners, informed the court that the mother and sister of the main accused, Faraz Athar, are seeking protection. Faraz Athar is currently in judicial custody.
The lawyers clarified that Faraz Athar had been engaged to the complainant's daughter and that the suicide occurred at her residence. They argued that the allegations against the petitioners involve facilitating tuition for the complainant's daughter, with claims that they attempted to convert her to Islam against her will. However, they emphasised that there is no allegation suggesting the petitioners played any role in instigating the complainant's daughter to commit suicide.
The bench, led by Justice Vikas Mahajan, on December 24, issued a notice to the Uttar Pradesh Government and directed that the notice be served through the Resident Commissioner of Uttar Pradesh in New Delhi, as well as the Standing Counsel in Delhi.
Kashif Athar, the brother of the accused, stated that despite the Delhi High Court granting protection to their family, the Ghaziabad Police has announced a Rs 25,000 reward on them. He insisted they are not absconding and slammed the actions of the Uttar Pradesh Police. Athar further condemned the investigation, calling the allegations false and fabricated. He also questioned the timing of the FIR, which was filed six days after the incident.
On December 20, the Delhi High Court granted transit anticipatory bail to a lawyer whose brother faces charges under the Uttar Pradesh Prohibition of Unlawful Conversion of Religious Act, as well as for cheating, breach of trust, causing hurt by means of poison, sexual intercourse by deceitful means, miscarriage, and dowry-related allegations. These charges stem from accusations made by the father of the woman, who alleged that the accused abetted her suicide.
The lawyer sought protection from arrest, as the case is being handled in Uttar Pradesh. Advocates Sumit Gehlot and Nikhil Bhalla, representing petitioner Kashif Athar pro bono, argued that the petitioner's brother, Faraz Athar, had been engaged to the complainant's daughter and that the suicide occurred at her residence.
Advocate Sumit Gehlot stated that the sole allegation against the petitioner is that he allegedly instructed his brother to obtain a no-objection letter from the complainant, stating he had no issue with his daughter marrying a Muslim man. However, there are no allegations that the petitioner instigated the complainant's daughter to take her own life.
During the hearing, the court requested Additional Standing Counsel for the State of NCT of Delhi, Amol Sinha, to assist in determining whether the court has the authority to grant transit anticipatory bail since the FIR is registered in Ghaziabad, Uttar Pradesh, which falls outside its jurisdiction. The court noted the law established by the Supreme Court in Priya Indoria v. State of Karnataka & Ors. and held that it does have jurisdiction to grant such bail.
The court also observed that, according to the prosecution, the petitioner's brother had gotten engaged to the complainant's daughter on November 24, at the Radisson Blu Hotel in Noida in the presence of family members from both sides. However, on December 1, the complainant's daughter tragically committed suicide, leading to the FIR against the petitioner and his family members, including his mother, brother, and sister.
The Ghaziabad police recently arrested 38-year-old Faraz Athar on charges of abetting the suicide of a 30-year-old woman and allegedly coercing her to convert for marriage. According to the police, the woman died after setting herself on fire with kerosene at her house in Ghaziabad on December 11. Her 70-year-old father subsequently filed an FIR against Faraz Athar, a resident of Shahdara, Delhi, currently living in Noida. (ANI)