Muskan Mansuri Daughter Of Shri ... vs State Of Rajasthan ...
2023 Latest Caselaw 1550 Raj/2

Citation : 2023 Latest Caselaw 1550 Raj/2
Judgement Date : 4 February, 2023

Rajasthan High Court

Muskan Mansuri Daughter Of Shri ... vs State Of Rajasthan ... on 4 February, 2023

Bench: Ganesh Ram Meena

[2023/RJJP/001738]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Criminal Writ Petition No. 237/2023

1.       Muskan Mansuri Daughter Of Shri Manjur Mansuri Wife Of
         Shri Mubarak Khan, Aged About 23 Years, Resident Of
         Gren Godam Road, I. H. S. Colony, Bajaria, District Sawai
         Madhopur, At Present Resident Of Gautam Colony, Behind
         Aakashwani, Ward No. 3, District Sawai Madhopur (Raj.).
2.       Mubarak Khan Son Of Shri Mahboob Khan, Aged About 25
         Years, Gautam Colony, Behind Aakashwani, Ward No. 3,
         District Sawai Madhopur (Raj.).
                                                                     ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through P.p.
2.       The Director General Of Police, Jaipur (Raj.)
3.       The Superintendent Of Police, Sawai Madhopur, District
         Sawai Madhopur (Raj.)
4.       The Station     House       Officer,      Police        Station Mantown,
         District Sawai Madhopur (Raj.)
5.       Abdul Sakoor Son Of Shri Fajaruddin, Resident Of Gren
         Godam Road, I. H. S. Colony, Bajaria, District Sawai
         Madhopur (Raj.).
6.       Manjur Ali Son Of Shri Abdul Sakoor, Resident Of Gren
         Godam Road, I. H. S. Colony, Bajaria, District Sawai
         Madhopur (Raj.).
7.       Shaddik Ali Son Of Shri Abdul Sakoor, Resident Of Gren
         Godam Road, I. H. S. Colony, Bajaria, District Sawai
         Madhopur (Raj.).
8.       Vasim Khan Son Of Shri Abdul Sakoor, Resident Of Gren
         Godam Road, I. H. S. Colony, Bajaria, District Sawai
         Madhopur (Raj.).
                                                                   ----Respondents

For Petitioner(s)          :    Mr. Raj Kumar Sharma
For Respondent(s)          :    Mr. Tarun Sharma PP



          HON'BLE MR. JUSTICE GANESH RAM MEENA

                          Judgment / Order


 [2023/RJJP/001738]                   (2 of 4)                    [CRLW-237/2023]


04/02/2023
1.    Heard the parties.

2. This criminal misc. petition has been filed under Article 226

of The Constitution of India for protection to life and personal

liberty of the petitioners.

3. The petitioners are major and have entered into registered

marriage (Nikah) with each other on 30.01.2023 at Chillout

Restaurant Brahampuri Road, Jaipur, Rajasthan. The registration

certificate is on the record. The petitioners have approached this

court for protection of their life and liberty as private respondents

are not approving and recognizing their marriage (Nikah).

4. The law is well settled that privacy and liberty of individuals

cannot be infringed by taking the law in one's hands. If there is

allegation of violation of law, the aggrieved person may take legal

recourse and no other step can be at the whim of anyone.

5. In Navtej Singh Johar Vs. Union of India (2018) 10 SCC 1,

The Supreme Court said as follows:-

"The right to privacy enables an individual to exercise his or her autonomy, away from the glare of societal expectations. The realisation of the human personality is dependent on the autonomy of an individual. In a liberal democracy, recognition of the individual as an autonomous person is an acknowledgment of the State's respect for the capacity of the individual to make independent choices. The right to privacy may be construed to signify that not only are certain acts no longer immoral, but that there also exists an affirmative moral right to do them."

6. In Shafin Jahan Vs. Asokan K.M. 2018 (16) SCC 368, The

Hon'ble Supreme Court said that " the social values and morals

have their space but they are not above the constitutionally

guaranteed freedom. The said freedom is both a constitutional and

[2023/RJJP/001738] (3 of 4) [CRLW-237/2023]

a human right. Deprivation of that freedom which is ingrained in

choice on the plea of faith is impermissible."

7. In Navtej Singh Johar (supra) The Hon'ble Supreme Court

further said :-

"131. The duty of the constitutional courts is to adjudge the validity of law on well established principles, namely, legislative competence or violations of fundamental rights or of any other constitutional provisions. At the same time, it is expected from the courts as the final arbiter of the Constitution to uphold the cherished principles of the Constitution and not to be remotely guided by majoritarian view or popular perception. The Court has to be guided by the conception of constitutional morality and not by the societal morality."

In a constitutional democracy like ours where the rule of law prevails, must not be allowed to be trampled by obscure notions of social morality which have no legal tenability. The concept of constitutional morality would serve as an aid for the Court to arrive at a just decision which would be in consonance with the constitutional rights of the citizens, howsoever small that fragment of the populace may be. The idea of number, in this context, is meaningless; like zero on the left side of any number.

133. In this regard, we have to telescopically analyse social morality vis-a-vis constitutional morality. It needs no special emphasis to state that whenever the constitutional courts come across a situation of transgression or dereliction in the sphere of fundamental rights, which are also the basic human rights of a section, howsoever small part of the society, then it is for the constitutional courts to ensure, with the aid of judicial engagement and creativity, that constitutional morality prevails over social morality."

[2023/RJJP/001738] (4 of 4) [CRLW-237/2023]

8. Considering the constitutional right of the petitioners, let the

State respondents ensure protection of the personal life and

liberty of the petitioners.