Uttarakhand High Court
Aliya Siddiki And Another ...... ... vs State Of Uttarakhand And Others on 30 August, 2022
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
WPCRL No.1652 OF 2022
30th AUGUST, 2022
Aliya Siddiki and Another ...... Petitioners
Vs.
State of Uttarakhand and others ...... Respondents
Presence: -
Mr. Manoj Kumar, learned counsel for the petitioners.
Mr. J.S. Virk, learned Deputy Advocate General along with
Mr. Rakesh Joshi, learned B. H. for the State.
JUDGMENT: (Per Shri Ramesh Chandra Khulbe, J.)
In this petition, petitioners have prayed for the
following relief(s): -
"i). Issue a writ, order or direction in
the nature of Mandamus commanding
the Respondent No.1 to 4 to provide
proper and adequate protection and
security to the life and liberty of the
Petitioners from Private Respondent and
other persons associated with them.
ii). Issue a writ, order or direction in
the nature of mandamus commanding
the private Respondents not to interfere
in the peaceful personal life of the
Petitioners.
iii). Issue any other order or direction
which this Hon'ble Court may deem fit
and proper under the facts and
circumstances of the case."
2) In the present case, both the petitioners belong
to the different faiths and are major. Both the petitioners
are in love with each other for the last five years and
they want to marry each other. Petitioner no.1 has
decided to convert her religion to that of Hindu religion.
She has already served statutory notice to the District
Magistrate, Udham Singh Nagar for converting to Hindu
religion on her own will and without use of any force or
inducement, which is enclosed as Annexure No.3 to the
writ-petition. They are expressing threat perception from
the family members of petitioner no.1. The learned
counsel for the petitioners submits that the petitioner
No.1-Aliya has already made a representation on
28.08.2022 before the Senior Superintendent of Police,
District Udham Singh Nagar - respondent no.3 for
protecting their lives, a copy whereof is annexed as
Annexure No.4 to this Writ Petition, but nothing has been
done as yet. Having been left with no other remedy, the
petitioners have filed the present Writ Petition.
3) In that view of the matter, we hereby dispose of
the Writ Petition by directing the Senior Superintendent of
Police, District Udham Singh Nagar - respondent no.3 to
take a decision on the representation of the petitioner
(Annexure No.4) within 30 days from today. The Senior
2
Superintendent of Police, District Udham Singh Nagar
shall take information and intelligence from the SHO,
Police Station-Transit Camp, Rudrapur, District Udham
Singh Nagar during the course of action whether further
police protection is required or not. In the interregnum,
the SHO, Police Station-Transit Camp, Rudrapur, District
Udham Singh Nagar - respondent no.4 shall provide
necessary police protection for protecting the lives and
liberty of the petitioners.
4) Let a free copy of this order be immediately
handed over to Mr. Rakesh Joshi, learned Brief Holder for
the State of Uttarakhand, for early compliance.
5) The Writ Petition is, hereby, disposed of.
6) In sequel thereto, all pending applications stand
disposed of.
7) Urgent copy of this order be supplied to the
learned counsel for the parties during the course of the
day, as per Rules.
________________
VIPIN SANGHI, C.J.
________________________
RAMESH CHANDRA KHULBE, J.
Dated: 30th August, 2022
SS/RB
