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2021 Supreme(P&H) 108
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AVNEESH JHINGAN, J.
Maninder Kaur And Anr - Petitioners
Versus
State of Punjab And Others - Respondents
CRWP-2079-2021
Decided On : 02-03-2021
Advocate Appeared:
For the Petitioner:Mr. Ajay Arora, Advocate
For the Respondent: Mr. Harsimar Singh Sitta, AAG, Punjab.
The court emphasized the importance of relying on valid and conclusive evidence, such as official certificates, in determining legal status, and the need for substantial evidence to support claims of threat perception.
Headnote:
Minor - Protection of Life and Liberty - Court dismissed the petition seeking directions for security and protection to the petitioners, as the court found that petitioner No.1 is a minor based on the certificate obtained from her school, and there was no sufficient evidence to support the threat perception claimed by the petitioners.
Fact of the Case:
The petitioners sought directions for security and protection due to threat perception arising from their decision to marry each other, with petitioner No.1 being claimed as a minor based on a certificate obtained from her school.
Finding of the Court:
The court dismissed the petition, stating that the Adhar Card provided as evidence of petitioner No.1 being a major was not sufficient, and there was no substantial evidence to support the claimed threat perception.
Issues: The main issue was the determination of petitioner No.1's age and the validity of the claimed threat perception.
Ratio Decidendi: The court relied on the certificate obtained from the school of petitioner No.1 to determine her age as a minor, and found that the Adhar Card was not a conclusive proof of her age. Additionally, the court found no substantial evidence to support the claimed threat perception.
Final Decision: The petition seeking directions for security and protection was dismissed by the court.
JUDGMENT :
AVNEESH JHINGAN, J.
1. The matter is taken up for hearing through video conference due to COVID-19 situation.
2. This is a petition seeking directions to Superintendent of Police, Fazilka and SHO, Police Station Khuian Sarwar, Distt. Fazilka to provide adequate security and protection to the life and liberty of the petitioners.
3. Facts in brief are that petitioners have decided to marry each other but the parents of petitioner No.2 want to perform his marriage somewhere else. Petitioners are living in live in relations and there is a threat perception.
4. Learned State counsel appears on advance notice. On instructions from ASI Amrik Singh, submits that petitioner No.1 is minor and FIR No. 21, dated 28th February, 2021, under Sections 363 and 366-A IPC is registered at Police Station Khuian Sarwar, District Fazilka against the petitioner No.2. He further submits that the police has obtained the certificate regarding the date of birth from the school of petitioner No.1 and as per the said certificate she is minor.
5. Learned counsel for the petitioners relies upon the Adhar Card annexed with the petition to submit that petitioner No.1 is major.
6. Suffice to say that the Adhar Card is not a proof of date of birth. There is no occasion for this Court to conclude that the parents can not claim the custody of petitioner No.1. Apart from the bald statement there is nothing to submit that there is a threat perception to the petitioners.
7. Moreover, the police is investigating the FIR registered against petitioner No.2. No case is made out to interfere in extraordinary writ jurisdiction.
Dismissed.
