Nargis And Another ...... ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 2289 UK

     IN THE HIGH COURT OF UTTARAKHAND AT
                   NAINITAL

       THE CHIEF JUSTICE SHRI VIPIN SANGHI
                       AND
      JUSTICE SHRI RAMESH CHANDRA KHULBE

                WPCRL No.1445 OF 2022

                         26TH JULY, 2022



Nargis and Another                         ...... Petitioners

                               Vs.

State of Uttarakhand and others       ...... Respondents


Presence: -
Shri Harshpal Sekhon, learned counsel for the petitioners.
Shri J.S. Virk, learned Deputy Advocate General along with
Shri Rakesh Joshi, learned Brief Holder 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 directing the
               respondent nos.2 and 3 to provide
               adequate security to the petitioners and
               also to direct the respondent nos.4 to 7
               not to interfere in the life and liberty of
               the petitioners, in any way.

               ii.   Issue a writ, order or direction in
               the nature of mandamus directing the
               respondent no.1 & 2 to decide the
               representation      dated      26.07.2022
               (Annexure No.3) and provide adequate
               protection to the petitioners.

               iii. Issue a writ, order or direction in the
               nature of mandamus commanding the
               respondent nos.2 and 3 not to arrest the
               present petitioners.
                    iv. Pass any other and further order,
                   which this Hon'ble Court may deem fit
                   and proper in 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

were in love and they wanted to marry each other, so

they left the house. It is submitted that the petitioner no.1

will convert her religion but she has not yet moved an

application for it before the concerned authority. The

learned counsel for the petitioners also submits that the

petitioners       have    already     made     a representation     on

26.07.2022 before the Senior Superintendent of Police,

District    Udham        Singh   Nagar-      respondent   no.   2   for

protecting their lives, a copy whereof is annexed as

Annexure No.3 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.2

to   take     a    decision      on       the representation of the

petitioners (Annexure No. 3) within 30 days from today.

The Senior Superintendent of Police, District Udham Singh

Nagar shall take information and intelligence from the

concerned      SHO during the course of action whether

                                      2
 further police protection is required or not. In the

interregnum,   the SHO, Police Station Kichha, District

Udham Singh Nagar shall          provide   necessary   police

protection for protecting the lives and liberty of the

petitioners.

4)      In the meantime, petitioner no.1 shall move an

application for conversion of her religion before the

concerned authority.

5)      Let a free copy of this order be immediately

handed over to Mr.       J.S. Virk, the learned Deputy

Advocate General for the State of Uttarakhand, for early

compliance.

6)      The Writ Petition is, hereby, disposed of.

7)      In sequel thereto, all pending applications stand

disposed of.

8)      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: 26th July, 2022 BS/SS