The Supreme Court on Friday said it would not take lightly the “murder of dignity” and sought an answer from the Uttar Pradesh government on the appeal of a woman seeking revocation of bail of her uncle, who was accused of abetting her husband’s murder last year over inter -caste marriage.
Before issuing a notice to the state government and other parties, a panel of judges DY Chandrachud and Surya Kant posed tough questions in support of MS Arya, representing a Deepti Mishra whose husband was allegedly murdered.
The judge held that there were no specific charges against his uncle in the FIR, which only said that they opposed the marriage.
The lawyer said that Deepti Mishra’s uncle, Manikant Mishra and two sons were involved in the attack and there had also been previous incidents, for which several complaints had been registered by the victims.
The bench said, “This is an honor killing thing and we don’t take it easy”.
It however said, “Should we entertain this confession solely on the grounds that respondent number two (Manikant Mishra) opposed the marriage. No specific allegations. No specific allegations. FIR did not say that he was there at the ceremony. Time of the incident or he is a conspirator. “
The bench said that it could not say that everyone from the family should be imprisoned and it should separate the grain from the husk.
The Supreme Court initially said that it would not intervene in it but MS Arya tried to persuade the panel and pointed to a series of incidents of intimidation and assault reported by the victim shortly before the murder incident.
The court said, “Ok, we will issue a notice. Notice to respondent number two (Manikant Mishra) needs to be served through the local police station.”
According to a confession filed by Deepti Mishra, through counsel CK Rai, the case concerned “honor murder” in which her husband was killed by her relatives only on the grounds that he belonged to the Dhobi caste and had married a Brahmin girl.
The Allahabad High Court on December 17 last year granted bail to Manikant Mishra, who is the uncle of Deepti Mishra and was allegedly involved in a conspiracy to kill her husband.
According to FIR, Deepti Mishra and her husband Anish Kumar were assigned as Gram Panchayat officers in Urawa Block of Gorakhpur district in the state and they solemnized inter -caste marriage registered on December 9, 2019, despite strong opposition from petitioner families including Manikant Mishra.
The confession says that Manikant Mishra’s name was mentioned in the FIR by his nephew and he had mentioned his name in a statement recorded under section 161 CrpC.
“It is submitted that the name of respondent number 2 was also mentioned in the complaint filed by the deceased before SSP, Gorakhpur, prior to his murder in relation to the death threat given by Manikant Mishra on February 14, 2020,” the confession said.
It said that the petitioner’s uncle was the head of the family who had hatched a criminal conspiracy and incited his two sons (also accused) to take an active part in the murder of the victim.
“That in granting bail to respondent number 2, the High Court erred in not taking into account the fact that respondent number 2 had previously threatened the deceased for which a separate complaint had already been filed by the deceased prior to the murder,” the confession said. It added that out of the 17 accused named and four unnamed accused, 10 accused are still at large.
It said that on July 24, 2021, the husband of petitioner Anish Kumar was brutally killed during the day and his uncle was seriously injured by the accused and FIR was registered against the accused under various sections of the IPC and the SC/ST Act.