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2014 Supreme(Mad) 3831

Madurai Bench of Madras High Court
M. VENUGOPAL, J.
P. Saranya
Versus
The Superintendent of Police & Another
Writ Petition No.17244 of 2014
Decided On : 27-10-2014

Advocates Appeared:
For the Petitioner:R. Alagumani, Advocate.
For the Respondents: V. Muruganandam, Addl. Govt. Pleader.

The state has a duty to provide adequate protection to individuals facing threats to their lives, especially in cases involving fundamental rights such as the right to life and personal liberty.

Headnote:

Police Protection - Inter-caste Marriage - The court directed the respondents to provide adequate police protection to the petitioner, her husband, and his family members, considering the threat to their lives due to opposition from the petitioner's family.

Fact of the Case:

The petitioner, who had an inter-caste marriage, sought police protection due to threats from her family. The court directed the respondents to provide adequate police protection to the petitioner, her husband, and his family members.

Finding of the Court:

The court found that the petitioner and her husband faced a real threat to their lives due to opposition from the petitioner's family, and therefore directed the respondents to provide police protection.

Issues: Threat to life due to inter-caste marriage, failure of police to take action on representation, and the need for court intervention to ensure safety.

Ratio Decidendi: The court intervened to protect the fundamental right to life and personal liberty of the petitioner and her husband, emphasizing the duty of the state to provide adequate protection in such circumstances.

Final Decision: The court directed the respondents to provide adequate police protection to the petitioner, her husband, and his family members, and disposed of the writ petition.

Judgment :

1. Heard Mr. R. Alagumani, the Learned Counsel appearing for the Petitioner and Mr. V. Muruganandam, the Learned Additional Government Pleader appearing for the Respondents.

2. According to the Petitioner, in the Year 2012, when she was studying at Karaikudi Alagappa Arts and Science College, fell in love with her Husband Sebastin Amalraj. Although they belonged to different castes, her family members opposed their marriage. On 22.12.2013, they performed their Marriage at the 'Velankanni Madha Church', in the presence of their friends.

3. It is the categorical stands of the Petitioner that after knowing the Marriage of the Petitioner with Sebastin Amalraj, her family members and relatives are searching them and to save their life, they are moving one place to other without being able to reside in any particular place. Also that, their family members and relatives have challenged that if they entered the Village of her Husband, they will do away with the lives of the Petitioner and her Husband. Anticipating this kind of activities from her family side, the Petitioner on 09.09.2014 sent a representation to the first Respondent / the Superintendent of Police, Office of the Superintendent of Police, Sivagangai District, Sivagangai, who in turn forwarded the same to the Second Respondent / the Inspector of Police, Devakottai Taluk Police Station, Sivagangai District, for necessary action. Since there was no action on the side of the Respondents, now their lives are in danger, she has filed the present Writ Petition, for passing of an order by this Court in directing the Respondents to provide adequate Police protection to the Petitioner, her husband and his family members, by considering the Petitioner's Representation, dated 09.09.2014.

4. In view of the fact that she had married her Husband Sebastin Amalraj and at present they are residing in her Husband's Village, as stated in the Writ Petition, this Court, by considering her plight, in the interest of justice, directs the Respondents to provide adequate police protection to the Petitioner, her husband and his family members, by considering her Representation, dated 09.09.2014 forthwith. Also it is open to the Petitioner to give a fresh Representation / Complaint to the Respondents, seeking Police protection and soon after the receipt of the said Representation / Complaint from the Petitioner / her Husband, if any, the Respondents are directed to provide necessary / adequate Police Protection to the Petitioner, her Husband and his family members, without fail.

5. It is made clear that if any charges / fees are to be paid to the concerned Police, for the purpose of providing Police protection to the Petitioner, her husband and his family members, then, the same shall be paid by the Petitioner and her Husband, as per Rules.

6. With the aforesaid directions, the Writ Petition stands disposed of. No costs.


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