Punjab-Haryana High Court
Tamana And Another vs State Of Punjab And Others on 23 August, 2021
CRWP No. 7948 of 2021 -1-
In the High Court of Punjab and Haryana at Chandigarh
CRWP No. 7948 of 2021
Date of Decision: 23.8.2021
Tamana and another ......Petitioners
Versus
State of Punjab and others ......Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. Ritesh Pandey, Advocate
for the petitioners.
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HARNARESH SINGH GILL, J. (ORAL)
Case is taken up for hearing through video conferencing.
This petition has been filed under Article 226 of the
Constitution of India for directing respondents No. 1 to 3 to protect the life
and liberty of the petitioners from the hands of respondents No. 4 to 9.
Learned counsel for the petitioners states that though petitioner
No. 1 is major, but petitioner No. 2-Ajay, though major, is not of
marriageable age and they have solemnized marriage against the wishes of
respondents No. 4 to 9 and have sought protection to their life and liberty.
They have placed on record the photograph, evidencing their marriage, as
Annexure P-3. Petitioner No. 1 has submitted a representation dated
19.8.2021 (Annexure P-4) to respondent No. 2-Senior Superintendent of
Police, Gurdaspur, District Gurdaspur.
Learned counsel for the petitioners further submits that the
petitioners are living in a constant danger as they have every apprehension
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that the private respondents would catch them and carry out their threats and
might go to the extent of eliminating them. The petitioners are running from
pillar to post for protection of their life and liberty.
In support of his contentions, learned counsel for the petitioners
relies upon the judgments passed by a Coordinate Bench of this Court in
CWP-17069-2019 titled as Kawaljeet Kaur and another versus State of
Punjab and others.
Notice of motion to the respondents No.1 to 3 only.
On the asking of this Court, Mr. Avtar Singh Sandhu, Addl. AG
Punjab, accepts notice on behalf of respondents No.1 to 3.
I have heard the learned counsel for the parties.
Article 21 of the Constitution stipulates protection of life and
liberty to every citizen and that no person shall be deprived of his life and
personal liberty except according to procedure established by law.
It is the bounden duty of the State as per the Constitutional
obligations caste upon it to protect the life and liberty of every citizen. Mere
fact that petitioner No. 2-Ajay, is not of a marriageable age would not
deprive the petitioners of their fundamental right as envisaged in the
Constitution, being citizens of India.
In view of the above discussion, I dispose of the present
petition with a direction to respondent No. 2-Senior Superintendent of
Police, Gurdaspur, District Gurdaspur, to decide the representation dated
19.8.2021 (Annexure P-4), moved by the petitioner No. 1 in accordance
with law and grant protection to them, if any threat to their life and liberty is
perceived.
It is made clear that this order shall not be taken to protect the
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petitioners from legal action for violation of law if any committed by them.
(HARNARESH SINGH GILL)
JUDGE
August 23, 2021
Gurpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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