Punjab-Haryana High Court
Neharika And Anr vs State Of Punjab And Ors on 8 July, 2021
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
122
CRWP-6235-2021 (O&M)
Date of decision: 08.07.2021
NEHARIKA AND ANOTHER
...Petitioners
Versus
STATE OF PUNJAB AND OTHERS
.....Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. Krishan Kumar Thakur, 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 226/227 of the
Constitution of India for issuance of directions to official respondents to protect
the life and liberty of the petitioners at the hands of respondents No.4 to 6.
Learned counsel for the petitioners submits that petitioner No.1 is
major, but petitioner No.2-Manjeet Singh(boy), though major, is not of
marriageable age. They are living together in live-in relationship. He further
submits that parents of petitioners were informed, but they are issuing threats to
the petitioners regarding their live-in relationship. The petitioners have already
submitted a representation dated 05.07.2021 (Annexure P-3) to respondent
No.2-Senior Superintendent of Police, Faridkot, for redressal of their
grievance, but no action has been taken thereupon.
Learned counsel for the petitioners further submits that the
petitioners are living in a constant danger as they have every apprehension that
the private respondents would catch them and carry out their threats and might
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go to the extent of even committing their murder. The petitioners are, therefore,
running from pillar to posts 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. A.G.
Punjab, accepts notice on behalf of respondents No.1 to 3.
A complete set of paper-book be supplied to the learned State
counsel during the course of the day.
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 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, Faridkot,
to decide the representation dated 05.07.2021 (Annexure P-3), moved by the
petitioners in accordance with law and grant protection to them, if any threat to
their life and liberty is perceived.
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It is made clear that this order shall not be taken to protect the
petitioners from legal action for violation of law if any committed by them.
(HARNARESH SINGH GILL)
JUDGE
08.07.2021
Aman Jain
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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