2015 Supreme(P&H) 579
PUNJAB & HARYANA HIGH COURT
Rameshwar Singh Malik, J.
Manju Rani and Ors. - Appellant
Versus
State of Haryana and Ors. - Respondent
Criminal Misc. No. M-10910 of 2015
Decided On : 06-04-2015
For the Petitioner:Rakesh Bakshi, Advocate.
The main legal point established in the judgment is the entitlement of individuals to seek protection to their life and liberty under Article 21 and Section 482 of Cr.P.C., while also emphasizing the importance of balancing individual freedom with social norms and moral values.
Headnote:
Life and Liberty - Protection under Section 482 of Cr.P.C. - Article 21, A.K. Gopalan, Maneka Gandhi, Kartar Singh, Lata Singh - 1950 SC 27, (1978) 1 SCC 248, (1994) 3 SCC 569, 2006 (3) RCR (Criminal) 870 - The court held that the petitioners are entitled to seek protection to their life and liberty under Article 21 and Section 482 of Cr.P.C. based on established legal precedents including A.K. Gopalan, Maneka Gandhi, Kartar Singh, and Lata Singh. The court emphasized the importance of balancing individual freedom with social norms and moral values.
Fact of the Case:
The petitioners sought protection to their life and liberty, claiming that their marriage was legal and that they were apprehending danger from private respondents.
Finding of the Court:
The court found that the petitioners were entitled to seek protection to their life and liberty under Article 21 and Section 482 of Cr.P.C. based on established legal precedents.
Issues: The main issue was the protection of the petitioners' life and liberty.
Ratio Decidendi: The court relied on legal precedents including A.K. Gopalan, Maneka Gandhi, Kartar Singh, and Lata Singh to establish the petitioners' entitlement to seek protection to their life and liberty.
Final Decision: The court directed the Superintendent of Police to consider the petitioners' representation and issue necessary orders to ensure their protection, while clarifying that the validity of the marriage was not decided in the present petition and would be the domain of the matrimonial court.
Key Points: - The court held that the petitioners are entitled to seek protection to their life and liberty under Article 21 and Section 482 of Cr.P.C. [23000567160005]. - The court directed the Superintendent of Police to consider the petitioners’ representation dated 31.3.2015 and to issue necessary orders to prevent harm to their life and liberty from private respondents. [23000567160007]. - The court clarified that the order does not approve the legality of the petitioners’ marriage, nor does it provide protection against arrest or continuation of any criminal proceedings if they are found guilty of an offence. [23000567160008][23000567160009]. - The court emphasized the necessity of balancing individual freedom with established social norms and moral values. [23000567160006].
What is the entitlement of the petitioners to seek protection of their life and liberty under Article 21 and Section 482 of Cr.P.C.?
What are the rights of the petitioners regarding protection against unlawful acts of private respondents?
1. Both the petitioners are present in person in the Court and identified by their counsel. The petitioners seek protection to their life and liberty.
2. They have filed the instant petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') alleging that they being of marriageable age, got married with each other. The petitioners claim that their marriage is legal. The private respondents are not accepting the marriage of the petitioners alleging it to be against the social norms. The petitioners tried to persuade their parents and relatives but remained unsuccessful in their endeavour. The private respondents, it is alleged, are hell-bent to separate the petitioners from each other by resorting to illegal means. Thus, it has been pleaded that the petitioners are apprehending imminent danger to their life and liberty from the private respondents. Having been left with no other option, it has become the compulsive necessity for the petitioners to approach this Court.
3. Learned counsel for the petitioners contends that both the petitioners are major in terms of the documents appended as Annexures P-1 and P-2. They have married each other of their own free will. Photographs of the marriage are appended as Annexure P- 4. The learned counsel for the petitioners further submits that despite the representation dated 31.3.2015 (Annexure P-5), having been duly submitted to the Superintendent of Police, Ambala-respondent No. 2, no action is being taken thereon and the petitioners are apprehending danger to their life and liberty at the hands of private respondents No. 4 and 5.
4. The issue involved in the present case is a short one, that is to say, seeking only the protection to the life and liberty of the petitioners. This issue, in fact, is no more res-integra. The law, in this regard, has been laid down by the Hon'ble Supreme Court of India, in a catena of judgments including in the cases of A.K. Gopalan versus State of Madras, AIR 1950 SC 27, Kartar Singh versus State of Punjab (1994) 3 SCC 569 and Lata Singh versus State of UP & anr. 2006 (3) RCR (Criminal) 870, which has been followed by this Court in the case of Pardeep Kumar Singh versus State of Haryana 2008 (3) RCR (Criminal) 376.
5. It is pertinent to note here that about three decades after A.K. Gopalan's case (supra) the Hon'ble Supreme Court further widened the scope of Article 21, in the case of Maneka Gandhi versus Union of India, (1978) 1 SCC 248 thereby widening the scope of the law laid down in the A.K. Gopalan's case (supra). Thereafter, the Hon'ble Supreme Court, in long series of subsequent decisions, went on to explore the true meaning of the word "Life" in Article 21 and the recent one was rendered by the Constitution Bench in State of West Bengal & others versus Committee for Protection of Democratic Rights & others (2010) 3 SCC 571.
6. After hearing the learned counsel for the petitioners and careful perusal of the record of the case, this Court is of the considered opinion that the instant one is a fit case for exercising the inherent jurisdiction under Section 482 Cr.P.C. Article 21 of the Constitution of India, protects the most precious right of every citizen, it being the Right to life. In view of the constitutional mandate and the law laid down by the Hon'ble Supreme Court in the cases of A.K. Gopalan, Maneka Gandhi, Kartar Singh and Lata Singh (supra) followed by this Court in many cases including Pardeep Kumar Singh's case (supra), the petitioners are entitled to seek the protection to their life and liberty.
7. It is also equally important to note that freedom of the individual is not absolute but subject to the established and time tested social norms of a civilised society. Co-existence of freedom of the individual and social control is sine-qua-non for the sustainable progress of the society and this is also the integral part of our constitutional philosophy. Therefore, though the petitioners are en