Chandigarh: A Punjab and Haryana High Court judge refused to entertain a habeas corpus petition filed by a woman claiming to be in a same-sex relationship, saying that he doesn’t believe that morality and constitutionality are different.
Justice Pankaj Jain inquired in what capacity the petitioner could represent the alleged detenu and on being informed that it’s a case involving a “queer couple”, orally remarked: “Take this immoral thing back to where it came from.”
“I don’t prescribe to the theory that constitutionality and morality are different,” Justice Jain added and the next matter was called.
The petitioner alleges that her partner has been unlawfully detained by the said partner’s family who is opposed to their relationship. She claimed that a police officer had slapped her when she approached the force for protection.
When the petitioner’s lawyer attempted to interject, the judge cut her off.
“Madam I don’t subscribe to the theory that constitutionality and morality are different,” Justice Jain said.
An order released later in the day said the next hearing was fixed for January 15.
“On the mentioning of the counsel representing the petitioner, the matter has been taken up. On being asked as to how the petitioner has assumed the role of the next best friend of the alleged detenue who belongs to district Unnao, Uttar Pradesh, counsel for the petitioner refers to transcription of telephonic conversation between the detenue and mother of the petitioner. On being asked that apart from the said conversation what material petitioner has to demonstrate that the petitioner is a person who can act as next best friend of detenue, counsel for the petitioner prays for time,” the order read.