Madhya Pradesh Police has told the Kerala High Court that a case has been registered against Farman, husband of viral Kumbh Mela sensation Monalisa Bhosle, under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. For this reason the couple’s anticipatory bail petition cannot be accepted. The case was registered on the basis of a complaint lodged by Monalisa’s father alleging kidnapping of his daughter, following which the couple moved the court for anticipatory bail.
Additional Solicitor General S. V. Raju told the bench of Justice Kausar Edappagath that the anticipatory bail plea filed under the Code of Criminal Procedure (CrPC) cannot be sustained as per the provisions of the SC/ST Act.
Monalisa of Indore came into discussion on social media during Prayagraj Kumbh Mela due to her attractive smile and eyes. It is said that in March she went to Kerala and sought police protection to stay with her boyfriend Farman. After this, their marriage took place under government supervision. The National Commission for Scheduled Tribes later alleged that the girl was around 16 years of age at the time of the marriage and that fake documents may have been allegedly used for the marriage. After these allegations the matter became embroiled in controversies.
After investigation, Madhya Pradesh Police also registered a case against Farman under POCSO Act. Farman was also accused of ‘love jihad’. When the matter first came before the High Court, the husband was granted interim protection from arrest.
During the hearing held on Friday (May 29), the Additional Solicitor General said that this offense comes under the Prevention of Atrocities Act and Section 3(2)(v) has been invoked. He said that due to Section 18 of the SC/ST Act, anticipatory bail cannot be granted. According to him, the alleged victim belongs to the Scheduled Tribe community, whereas the first petitioner does not belong to that community.
According to Section 3(2)(v) of the SC/ST Act, if a person commits an offense against a member of a Scheduled Caste or a Scheduled Tribe, the punishment for which is 10 years or more, he can face life imprisonment and fine.
During the hearing, the couple sought permission to amend their anticipatory bail plea. Madhya Pradesh Police opposed this, saying that the proposed amendments were being made only to address the shortcomings to which the prosecution had already drawn the court’s attention. S. V. Raju argued that the facts to be added by way of amendment were already known to the petitioners at the time of filing the petition and hence, they cannot be considered as subsequent events.
The state government accused the couple of hiding important facts and attempting to gloss over the weaknesses of their case. In response, Justice Kausar Edappagath remarked that substantial arguments had already been presented, although they did not mention certain specific words.
Senior advocate Saseendran, appearing for the couple, supported the amended petition saying that they were receiving serious threats due to the interfaith marriage, hence the bail plea was filed in Kerala. He claimed that fundamentalist elements are protesting by burning wedding photographs and the couple is feeling scared to go to Madhya Pradesh.
After hearing the arguments of both the parties, the court extended the interim order granting protection from arrest till June 2. Also said that if the amendment petition is accepted, further arguments will also be heard.
The Madhya Pradesh government had already raised questions on the admissibility of the anticipatory bail petition, saying that the regular anticipatory bail petition should be filed in the court of the same state where the FIR has been registered. Since the case has been filed in Madhya Pradesh, the state argues that the Kerala High Court does not have jurisdiction to hear the petition.
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