The fundamental right to protection of life and liberty under Article 21 of the Constitution of India and the State's duty to ensure its enforcement.

JUDGMENT

Harsh Bunger, J. (Oral) - By way of this petition, the petitioners seek protection of their lives and personal liberties in view of the fact that they have not solemnized their marriage so far and are living in the live-in relationship and are under eminent threats at the hands of respondents No.4 to 8.

2. It is stated that both the Petitioners are major. Respondent No. 4 is the husband of petitioner No. 1 and their relation is strained, in as much as that the petitioner No. 1 had been residing separately from respondent No. 4, who is a habitual criminal & a drug addict. Respondent No. 4 is presently confined in Central Jail, Tihar, New Delhi in a criminal case. It is stated that out of the wedlock of petitioner No. 1 & respondent No. 4, there are two children, who are presently with petitioner No. 1. It is further submitted that private respondents were harassing & maltreating petitioner No. 1, consequently, Petitioner No. 1 alongwith her children, left her matrimonial home and started living with Petitioner No. 2, who has accepted the children and is looking after the petitioner No. 1 as well as the children.

3. It is stated that the petitioner No. 2 is capable of looking after petitioner No. 1 alongwith her minor children; as the petitioner No. 2 is having a tea stall shop in Karnal and is earning Rs. 15,000/- per month. It is also stated that the petitioner No. 2 does not have any moveable and immovable property except that he has received share from his parents.

4. Petitioners claim that the respondent No. 5 to 8 have been extending threats to the petitioners to implicate them in false cases and also to eliminate them.

5. In the context of threat perception at the hands of private respondent Nos.4 to 8, petitioners have allegedly moved representation dated 29.09.2022 (Annexure P-3) to respondents No. 2, wherein, the apprehension to their lives has been expressed, however, it is stated that no action has been taken. Hence the present writ petition seeking appropriate directions to the official respondents to provide protection qua their life and liberty.

6. Notice of motion at this stage only to the official respondents is being issued.

7. Advance copy of the paper book has already been supplied to learned State counsel by the learned counsel for the petitioners. On asking of the Court, Mr. Amit Aggarwal, D.A.G., Haryana, who is present in court, accepts notice on behalf of State-respondents No.1 to 3.

8. Given the nature of the order being passed, there is no necessity to seek any response by the official respondents or even to serve private respondent No.4 to 8.

9. Having heard learned counsel for the petitioners, as also the learned State counsel, I am of the considered view that every citizen is entitled to protection/enforcement of fundamental rights as envisaged under Constitution of India. It is the bounden duty of the State to protect the life & liberty of every citizen as enshrined under Article 21 of the Constitution of India.

10. Since the petitioners have not contracted any marriage and they seek only protection qua their lives and personal liberties, therefore, it would be appropriate to direct respondent No.2-Superintendent of Police, Karnal, to verify the contents of the petition and/or representation, particularly the threat perception of the petitioners and thereafter provide necessary protection qua their life and liberty, if deemed fit. Respondent no.2 would pass necessary order without being influenced by any statement of fact recorded hereinabove.

11. It is clarified that this order shall neither be treated as a stamp of this Court qua the status of the parties on the basis of live-in relationship nor any reflection on the merits of the contentions raised by them in the present petition.

12. The writ petition is, accordingly, disposed of.