Punjab-Haryana High Court
Kavita Rani And Anr vs State Of Haryana And Others on 28 August, 2023
Neutral Citation No:=2023:PHHC:112531
2023:PHHC:112531
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
114 CRWP-8458-2023 (O&M)
Date of decision: 28.08.2023
Kavita Rani and another
...Petitioners
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Ms. Arti, Advocate for the petitioners.
****
HARNARESH SINGH GILL, J. (ORAL)
This petition has been filed under Article 226/227 of the
Constitution of India for issuance of a writ in the nature of mandamus
directing the official respondents No.1 to 3 to protect the life and liberty of
the petitioners at the hands of respondent Nos. 4 to 8.
Learned counsel for the petitioners submits that petitioner No.1
is major, but petitioner No.2, though major, is not of marriageable age and
both the petitioners are from different castes. They are living together in
live-in relationship. They would solemnise marriage, after attaining the
marriageable age by petitioner No. 2. He further submits that parents of
petitioners were informed, but they are issuing threats to the petitioners
regarding their live-in relationship. Petitioner No.1 has already submitted a
representation dated 22.08.2023 (Annexure P-3) to respondent No.2-Senior
1 of 3
Neutral Citation No:=2023:PHHC:112531
2023:PHHC:112531
114 CRWP-8458-2023 (O&M) -2-
Superintendent of Police, Sirsa, 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 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 the Hon'ble Supreme Court
of India in Fiaz Ahmed Ahanger & Ors. Vs. State of J&K, 2009(3) RCR
(Civil) 217.
Notice of motion to the respondents No.1 to 3 only.
On the asking of this Court, Mr. Rupinder Singh Jhand, Addl.
AG Haryana, 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 cast upon it to protect the life and liberty of every citizen. Mere
fact that petitioner No.2 is not of marriageable age would not deprive the
petitioners of their fundamental right as envisaged in the Constitution, being
citizens of India.
2 of 3
Neutral Citation No:=2023:PHHC:112531
2023:PHHC:112531
114 CRWP-8458-2023 (O&M) -3-
In view of the above discussion, I dispose of the present
petition with a direction to respondent No.2-Senior Superintendent of
Police, Sirsa, to decide the representation dated 22.08.2023 (Annexure P-
3), moved by petitioner No.1 in accordance with law and grant protection to
the petitioners, if any threat to their life and liberty is perceived.
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
28.08.2023
Mangal Singh
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
Neutral Citation No:=2023:PHHC:112531
3 of 3
