Rukaiya Mansoori And Another ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 2969 UK

     IN THE HIGH COURT OF UTTARAKHAND AT
                   NAINITAL

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

                WPCRL No.1763 OF 2022

                  15th September, 2022



Rukaiya Mansoori and Another                ...... Petitioners

                            Vs.

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


Presence: -
Shri Bilal Ahmed, 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 and
               commanding the respondent no. 1 & 2,
               to provide adequate police protection to
               the petitioners from the respondent nos.
               3 to 8 who wants to do away with the life
               of petitioners in the name of family honor
               as petitioners have preferred inter cast
               marriage     against    the    wishes   of
               respondent nos. 3 to 8 and other family
               members of petitioner no.1.

               ii) Issue any other order or direction
               which this Hon'ble Court may deem fit
               and proper in the circumstances of case.
 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 06.09.2022 as per Muslim rites and rituals. The

learned counsel for the petitioners submits that the

petitioner no.1 has already made a representation before

the Senior Superintendent of Police, District Haridwar-

respondent no.1 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 Haridwar - respondent no. 1 to take a

decision    on     the     representation      of   the   petitioner

(Annexure No. 4) within 30 days from today. The Senior

Superintendent of Police, District Haridwar shall              take

information      and     intelligence   from    the   SHO, Police

Station Kotwali Laksar, District Haridwar during                the

course of action whether further police protection is

required or not. In the interregnum, the SHO, Police

Station Kotwali Laksar, District Haridwar shall provide


                                  2
 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.            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: 15th September, 2022 BS/SS