Huma Ansari And Another ...... ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 2290 UK

     IN THE HIGH COURT OF UTTARAKHAND AT
                   NAINITAL

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

                WPCRL No.1438 OF 2022

                         26TH JULY, 2022



Huma Ansari and Another                ...... Petitioners

                               Vs.

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


Presence: -
Shri Rajveer Singh, 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): -

                "(a) A writ, order or direction in the
               nature of mandamus directing the
               respondent No.1 and 2 to provide police
               protection to the petitioners against the
               threatening    and   illegal  action   of
               respondent no.3.

               (b)   Issue any writ, order or direction
               which this Hon'ble Court may deem fit
               and    proper    in   the    facts  and
               circumstances of the present case.

               (c)Issue a writ, order or direction in the
               nature of mandamus directing the
               respondent no.1 & 2 to decide the
               representation of the petitioner dated
               23.07.2022 submitted to the respondents
               no.1& 2 by the petitioners"
 2)       In the present case, both the petitioners belong

to the same faith and are major. Both the petitioners

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

they left the house and have solemnized their marriage

on 26.10.2021 as per Muslim customs. The learned

counsel for the petitioners submits that the petitioners

have already made a representation on 2 3 .07.2022

before     the    Senior Superintendent     of   Police,    District

Haridwar- 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 Haridwar- 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 Haridwar shall              take

information and intelligence from the concerned SHO

during     the    course   of action whether      further    police

protection is required or not. In the interregnum, the

SHO, Police Station concerned, District Haridwar shall

provide necessary police protection for protecting the


                                 2
 lives and liberty of the petitioners.

4)      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.

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: 26th July, 2022 BS/SS