Shayara Bano vs State Of Uttarakhand And Others
2023 Latest Caselaw 3515 UK

Uttarakhand High Court

Shayara Bano vs State Of Uttarakhand And Others on 7 December, 2023

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

      IN THE HIGH COURT OF UTTARAKHAND AT
                    NAINITAL


  THE ACTING CHIEF JUSTICE SHRI MANOJ KUMAR TIWARI

                                  AND

              JUSTICE SHRI VIVEK BHARTI SHARMA


          WRIT PETITION (Criminal) NO.1620 OF 2023

                         07TH DECEMBER, 2023

Shayara Bano                                             ...... Petitioner

                                   Vs.

State of Uttarakhand and Others                        ...... Respondents

Counsel for the petitioner         :     Mr. Shakti Singh, learned
                                         counsel through V.C.

Counsel for the State              :     Mr. Rakesh Kumar Joshi, learned
                                         Brief Holder.

JUDGMENT:

(per the Acting Chief Justice Shri Manoj Kumar Tiwari)

By means of this writ petition, petitioner has sought following reliefs:-

i. Issue a writ, order or direction in the nature of mandamus commanding/directing the concerned respondents not to discontinue with the services of security guard (gunners) provided to the petitioner.

ii. Issue a writ, order or direction in the nature of mandamus commanding/directing the concerned respondents to ensure the security of life and liberty of the petitioner and to provide adequate protection to her.

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

2. According to petitioner, she filed a writ petition before the Hon'ble Supreme Court, in which, a land mark judgment was rendered, which is reported as 'Shayara Bano Vs. Union of India' 2017(9) SCC 1. It is further her case that on account of the said judgment, certain right wing organizations are threatening the petitioner of dire consequences.

3. It is further stated that petitioner was holding post of Vice-President in Uttarakhand State Women's Commission till 02.11.2023, and she was getting police protection by virtue of said office, however, after expiry of her term as Vice-President of said Commission, police protection is likely to be withdrawn by State Government, therefore, petitioner prayed that such protection be extended to protect her life and liberty.

4. Learned State counsel was asked to get instructions in the matter.

5. Today, on instructions, Mr. Rakesh Kumar Joshi, learned Brief Holder would submit that as of now, there is no proposal to withdraw police protection from petitioner.

6. In such view of the matter, we dispose of the writ petition by taking statement made by learned State counsel on record.

___________________ MANOJ KUMAR TIWARI, ACJ.

___________________ VIVEK BHARTI SHARMA, J.

th Dated: 7 DECEMBER, 2023 Akash