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2021 Supreme(Raj) 928
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Satish Kumar Sharma, J.
Sumitra Kumari & Ors. - Appellants
Versus
State Of Rajasthan & Ors. - Respondents
S.B. Criminal Miscellaneous (Petition) No. 4699/2021
Decided on : 11-08-2021
Mr. Santosh Singh Shakhawat, Advocate, for the Petitioner; Mr. Ganesh Saini, PP, for the Respondent
The duty of the police to protect the life and liberty of citizens, as mandated by Article 21 of the Constitution of India and Section 29 of Rajasthan Police Act, 2007, regardless of societal opinions on individuals' relationships.
Headnote:
Section 482 Cr.P.C. - Protection of Life and Personal Liberty - The court granted police protection to the petitioners based on the legal provisions of Article 21 of the Constitution of India and Section 29 of Rajasthan Police Act, 2007, emphasizing the duty of the police to protect the life and liberty of citizens, regardless of societal opinions on their relationship.
Fact of the Case:
The petitioners, who had performed marriage with each other, sought police protection due to threats from private respondents and others who were unhappy with their marriage.
Finding of the Court:
The court, without expressing any opinion on the allegations, disposed of the petition by directing the police to treat the petition as a complaint, conduct an enquiry, and take necessary preventive measures to ensure the safety and security of the petitioners in accordance with the law.
Issues: Threats to the petitioners' life and liberty due to their marriage, and the duty of the police to provide protection under the law.
Ratio Decidendi: The court relied on the legal provisions of Article 21 of the Constitution of India and Section 29 of Rajasthan Police Act, 2007 to emphasize the duty of the police to protect the life and liberty of citizens, irrespective of societal opinions on their relationship.
Final Decision: The court granted police protection to the petitioners and directed the police to take necessary measures for their safety and security, while clarifying that the order would not interfere with any civil or criminal case.
JUDGMENT
1. This Petition has been filed under Section 482 Cr.P.C. for protection of life and personal liberty of the petitioners.
2. Heard learned counsel for both the sides and perused the material made available on record.
3. Learned counsel for the petitioners submits that both the petitioners are major and have performed marriage with each other, but the private respondents and others are not happy with their marriage and they are threatening the petitioners. Given that their life and liberty is in danger, police protection may be granted to them.
4. Learned Public Prosecutor submits that appropriate directions may be issued.
5. In view of the order intended to be passed in the petition, being non-prejudicial to the private respondents, no notices are required against them.
6. Heard. Considered.
7. It is well settled legal position as expounded by the Hon'ble Supreme Court of India in Lata Singh v. State of UP [AIR 2006 SC 2522], S. Khushboo v. Kanniammal [(2010) 5 SCC 600], Indra Sarma v. VKV Sarma [(2013) 15 SCC 755] and Shafin Jahan vs. Asokan KM & Ors. [(2018) 16 SCC 368] that the society cannot determine how individuals live their lives, especially when they are major, irrespective of the fact that the relation between two major individuals may be termed as unsocial. Thus, life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.
8. Therefore, in light of above legal position and having regard to the above submissions but without expressing any opinion on the genuineness or correctness of the allegations made by the petitioners, this petition is disposed of with the direction that learned counsel for the petitioners shall send a copy of the petition along with its annexures to the Station House Officer of concerned Police Station through e-mail, and on receipt of the same, the Station House Officer concerned shall treat it as a complaint and after due enquiry, he shall take necessary preventive measures and other steps to ensure safety and security of the petitioners in accordance with law.
9. However, as a precautionary note, it is made clear that this order shall not come in the way of civil/criminal case, if any, and such case would take its own course as per law.
