Dwarka Court Reverses Decision on Custody Parole for Kala Jatheri’s Grih Pravesh Ceremony

Kala Jatheri

Delhi’s Dwarka court has rescinded its decision to grant custody parole to Sandeep alias Kala Jatheri, for his Grih Pravesh scheduled on March 13 in his village Jatheri, Sonipat, Haryana. He recently married Anuradha Chaudhary on March 12.

The Grih Pravesh ceremony was arranged for March 13 at approximately 11:00 A.M. at the village of Jatheri, Sonipat, Haryana, where the newlyweds were supposed to enter their matrimonial home.

Kala Jatheri had sought custody parole on humanitarian grounds to attend his marriage ceremony, which took place on the aforementioned date.

Additional Sessions Judge (ASJ) Deepak Wason has revoked his previous order and rescheduled the matter for March 16.

The court withdrew its decision made on March 4 after considering submissions from the Delhi police.

The state argued that there is a significant security threat and a shortage of security personnel due to the Kisan Andolan on March 14 and the resignation of Manohar Lal Khattar from the post of CM, Haryana.

The court also took into account a threatening letter written by Kala Jatheri’s brother to him and his family.

During the hearing, ACP Sonipat, SHO Rai Haryana, and the ACP of the Third Battalion, Delhi, were present.

On March 4, the court had granted custody parole to gangster Sandeep alias Kala alias Kala Jatheri to attend his marriage ceremony. He was allowed six hours of custody parole to conduct his marriage on March 12 and Grih Pravesh on March 13.

Kala Jatheri is in custody for various serious offenses, including MCOCA, for allegedly operating an organized crime syndicate.

The Court had instructed the authorities to escort Kala Jatheri for his marriage on March 12 between 10 AM and 4 PM and directed the Delhi police to arrange for security and safety.

He was also instructed to be taken to Village Jatheri on March 13 for the Grih Pravesh ceremony between 10 AM and 1 PM.

An application was filed on behalf of Kala Jatheri in a case lodged at Police Station Dwarka South under sections 307 (Attempt to murder), 387 (to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or any other), and 120B (Criminal Conspiracy) and the Arms Act.

Applications were made through advocate Rohit Dalal, who argued that the right to marriage has been recognized as a constitutional right under Article 21. Both the applicant or accused and his fiancee are of the age of majority as governed by the provisions of the Hindu Marriage Act, 1955.

It was further argued that denying marriage to the applicant/accused would result in prejudice and violate Article 21 of the Constitution of India.

It is also noted that marriage is a social obligation, and the applicant or accused wishes to establish his family and lead a more respectable life in society. The parents of the applicant/accused are also suffering from old age diseases and underwent surgery last year, the plea stated.

Furthermore, the plea mentioned that there is nobody in the home to care for the accused’s mother, as his father is also bedridden.

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About the Author: Nunnem Gangte