The single judge bench of Justice Ashok Kumar Verma of the Punjab and Haryana High Court in the case of Trishika Mahajan and another V. state of Punjab and Ors held that the petitioners are free to coexist as majors, and no one is allowed to interfere with their ability to live in peace since, according to Article 21 of the Indian Constitution, the right to life is a fundamental right.
BRIEF FACTS
The factual matrix of the case is that writ petition under article 226/227 of the Indian constitution to direct the respondents to safeguard the life and liberty of the petitioners.
The learned counsel appearing on behalf of the petitioners contended that both the petitioners are majors and they have a right to live freely. However, the private respondents are adamant to separate themselves from each other by resorting to illegal means. It was further contended that in view of imminent danger and threat to the lives of the petitioner, petitioners have also moved an application to the superintendent of police, Amritsar.
COURT’S OBSERVATION
The hon’ble court stated that the petitioners are at liberty to live together being major and no person shall be permitted to interfere in their peaceful living as the right to life is a fundamental right under Article 21 of the Constitution of India which mandates that no person shall be deprived of his right to life and personal liberty. The court also directed the superintendent of police to look after the representation of the petitioners seeking protection of life and liberty and if necessary, requisite steps to be taken in accordance with law for the grant of protection of life and liberty of the petitioners.
CASE NAME- Trishika Mahajan and another V. state of Punjab
CITATION- CRWP-7847-2022
DATE- 18.8.2022
CORUM- Justice Ashok Kumar Verma
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