Kamaljit Kaur And Anr vs State Of Punjab And Others
2023 Latest Caselaw 1946 P&H

117         IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


                                                     CRWP-837-2023
                                                     Date of Decision:30.01.2023


Kamaljit Kaur and another                                             ...Petitioners

                                               vs.

State of Punjab and others                                           ...Respondents

Coram :      Hon'ble Mr. Justice N.S.Shekhawat

Present :    Ms. Gurpreet Kaur, Advocate
             for the petitioners.

                   ***

N.S.Shekhawat J. (Oral)

This petition has been filed under Article 226 of the Constitution of

India for directing respondents No. 2 & 3 to protect the life and liberty of the

petitioners from the hands of private respondents.

Learned counsel for the petitioners states that though petitioner No.

1 is major, age of petitioner No.2- Sukhjot Singh, is 17 years and want to marry

each other after attaining the age of majority of petitioner No. 2 but the family

members of petitioner No. 1 are against their relationship. She further submits

that both the petitioners have been living together in live-in relationship and

facing threat from the family members of petitioner No. 1 and in this regard,

they have also moved a representation dated 21.01.2023 (Annexure P-3) to

Senior Superintendent of Police, Moga-respondent No. 2.

Learned counsel for the petitioners further submits that the

petitioners are living in a constant danger as they have every apprehension that

respondents No. 4 to 9 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 post 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 in

'Nandakumar and another Vs. State of Kerala and others' 2018(2) RCR

(Civil) 899; and Indra Sarma Vs. V.K.V. Sarma' 2013(15) SCC 755 and the

judgment 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. Vipin Pal Yadav, 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 cast upon it to protect the life and liberty of every citizen. Mere fact

that petitioner No. 2-Sukhjot Singh, is not of a marriageable age would not

deprive the petitioners of their fundamental right as envisaged in the

Constitution, being citizens of India.

Without commenting upon the marital status or live-in relationship

of the petitioners, I dispose of the petition with directions to respondent No. 2-

Senior Superintendent of Police, Moga to decide the representation dated

21.01.2023 (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.

                                                     (N.S.SHEKHAWAT)
30.01.2023                                                 JUDGE
Hemlata
                   Whether speaking/reasoned :          Yes/No
                   Whether reportable            :      Yes/No




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