Punjab-Haryana High Court
Harmanpreet Singh And Another vs The State Of Punjab And Others on 6 July, 2023
CRWP No. 6376 of 2023 1 2023:PHHC:084817
106 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP No. 6376 of 2023
Date of Decision: 06.07.2023
Harmanpreet Singh and another ...Petitioners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. L.S. Lakhanpal, Advocate for the petitioners.
Mr. Karunesh Kaushal, AAG, Punjab.
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ANOOP CHITKARA, J.
Fearing for their lives and liberty at the hands of the private respondents, the
petitioners who claim to be in a live-in relationship, after crossing eighteen years of
age, have come up before this Court by invoking their fundamental rights of life
guaranteed under Article 21 of the Constitution of India, seeking direction to the State
to protect them from the private respondents.
2. Notices served upon the official respondents through the State's counsel. Given
the nature of the order that this Court proposes to pass, neither the response of official
respondents nor the issuance of notices to the private respondents is required.
3. Counsel for the petitioners submits that petitioner No. 1 is unmarried. However,
petitioner No. 2 was earlier married with Amarjeet Singh. Petitioner No. 2 and her
husband Amarjeet Singh got divorce but all the documents regarding her divorce are
under the custody of mother of petitioner No. 2. out of their wedlock, two children
were born, who are residing with their father.
4. If the allegations of apprehension of threat to their lives turn out to be true, it
might lead to an irreversible loss. Thus, in the facts and circumstances peculiar to this
case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any
officer to whom such powers have been delegated or have been authorized in this
regard, provide appropriate protection to the petitioners for one week from today.
However, if the petitioners no longer require the protection, then at their request it
may be discontinued even before the expiry of one week. After that, the concerned
officers shall extend the protection on day-to-day analysis of the ground realities or
JYOTI upon the oral or written request of the petitioners.
2023.07.07 14:25
I attest to the accuracy and
integrity of this order/judgment.
CRWP No. 6376 of 2023 2 2023:PHHC:084817
5. This protection is subject to the stringent condition that from the time such
protection is given, the petitioners shall not go outside the boundaries of the place of
residence, except for medical necessities, to buy household necessities, and for
bereavements in the families of the close relatives or close friends. However,
petitioner(s) shall be at liberty to shift the residence(s) and if the new place falls with the
district, then the protection shall be extended to such place. This restriction saves the
petitioners from apprehended risk and ensures that the protection is not flaunted.
6. It is clarified that there is no adjudication on merits and that this order is not a
blanket bail in any FIR. It is further clarified that this order shall not come in the way if
the interrogation of the petitioners is required in any cognizable case. It shall also be
open for the petitioner(s) to approach this Court again in case of any fresh threat
perception.
7. This order shall eclipse after thirty days from today.
8. There would be no need for a certified copy of this order, and any Advocate for the
Petitioner and State can download this order and other relevant particulars from the
official web page of this court and attest it to be a true copy. The concerned officer can
also verify its authenticity and may download and use the downloaded copy for
immediate use.
Petition is allowed to the extent mentioned above. All pending applications, if any,
stand disposed.
(ANOOP CHITKARA)
JUDGE
06.07.2023
Jyoti-II
Whether speaking/reasoned: Yes
Whether reportable: No.
JYOTI
2023.07.07 14:25
I attest to the accuracy and
integrity of this order/judgment.
