New
Delhi : 3.6.2022 (Friday)
The
Supreme Court Friday said that 'Arya Samaj' has no business to issue marriage
certificates and rejected a bail plea of an accused booked for kidnap and rape
of a minor girl.
A vacation bench of Justices Ajay Rastogi and BV Nagarathna
rejected the submission of the counsel for the accused that the girl is a major
and they have married in an 'Arya Samaj' temple and a marriage certificate is
on record.
The
bench said, "Arya Samaj has no business to issue a marriage certificate.
This is the work of authorities".
Advocate
Rishi Matoliya appeared for the complainant girl on a caveat and said the
prosecutrix in her statement recorded under section 164 of CrPC has levelled
specific allegations of rape against the accused.
The
bench then dismissed the plea of the accused.
On
May 5, 2022, the Rajasthan High Court had dismissed the bail application of the
accused who was arrested in connection with the FIR lodged at Police Station
Padukalan, Nagaur for the offence punishable under Sections 363, 366A, 384,
376(2)(n), 384 IPC and Section 5(L)/6 of POCSO Act.
Counsel
for the accused before the High Court had contended that the FIR has been
lodged with a delay of one and half years and the said delay in lodging the FIR
has not at all been explained by the complainant.
He
had further submitted that the prosecutrix is a major girl and marriage between
the accused and the prosecutrix has already taken place at 'Arya Samaj' temple
and the marriage certificate is also available on record.
The
High Court had noted that the prosecutrix in her statement recorded under
Section 164 CrPC has levelled a specific allegation of committing rape against
the petitioner.
It had noted that the girl had deposed that the accused had
taken her signature on a blank paper and had also prepared a video of the
incident.
On April 4, the top court had stayed a Madhya Pradesh High Court
order that had directed the 'Arya Samaj' to solemnise marriages in accordance
with the provisions of the Special Marriage Act, 1954.
The Supreme Court had stayed the order on a plea filed by
'Madhya Bharat Arya Pratinidhi Sabha' and has sought a response from the Madhya
Pradesh government on the plea.
The Sabha has challenged the High Court order which had on
December 17, last year upheld a single-judge verdict directing the organisation
to amend its 2016 guidelines and incorporate, within a month, provisions of the
Special Marriage Act.
The High Court had said that marriage certificates can be issued
only by a competent authority under the Special Marriage Act. The
Sabha had said that in regard to the Arya Samaj marriages, it is the Hindu
Marriage Act and Arya Marriage Act of 1937 that holds the field and not the
Special Marriage Act.