IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, J.
Romati Devi Gharti Alias Amreen Saifi & Anr. - Appellants
Versus
State of Punjab & Ors. - Respondents
Criminal Writ Petition No. 818 of 2023 (O&M)
Decided On : 30-01-2023
Threat to Lives and Liberty - Marriage against Family Wishes - Court directs police to protect petitioners if genuine threat is found
Fact of the Case:
Petitioners seek protection due to threat from private respondents after marrying against family wishes
Finding of the Court:
Court directs Senior Superintendent of Police to look into the matter and take necessary steps if genuine threat is found
Issues: Threat to lives and liberty of petitioners, validity of marriage, protection from private respondents
Ratio Decidendi: The court's decision is based on the potential genuine threat to the petitioners' lives and liberty, and the directive to the police to take necessary steps if such a threat is found
Final Decision: The petition is disposed of with a direction to the police to protect the petitioners if a genuine threat is found, without expressing any opinion on the validity of the marriage
JUDGMENT
Gurvinder Singh Gill, J. - Petitioner No.1-Romati Devi Gharti alias Amreen Saifi aged 24 years and petitioner No.2-Mohd. Rafi aged 26 years have approached this Court seeking issuance of a direction to official respondents to protect their lives and liberty as they apprehend threat to the same at the hands of private respondents, having married against the wishes of their families.
2. Without commenting as regards the veracity of the averments made in the petition and also as regards the validity of alleged marriage of the petitioners, the petition is disposed of with a direction to respondent No.2-Senior Superintendent of Police, Patiala, District Patiala, to look into the matter and to dispose off the representation dated 11.1.2023 (Annexure P-5) in accordance with law. In case, it is found that there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioners.
3. A copy of this order alongwith copy of the representation dated 11.1.2023 (Annexure P-5) be sent to respondent No.2-Senior Superintendent of Police, Patiala, District Patiala, so as to enable him to do the needful expeditiously.
4. It is, however, clarified that the aforesaid order shall not be taken to be any expression as regards the validity of marriage of the petitioners and shall not confer any immunity upon the petitioners, in case it is found that they have committed any wrong.
The court has the authority to direct law enforcement to protect individuals if there is a genuine threat to their lives and liberty, especially in cases involving marriage against family wishes
The court's primary concern was to protect the lives and liberty of the petitioners, without making any judgment on the validity of their marriage.
Protection of individuals' lives and liberty in case of potential threat
The court has the authority to direct law enforcement to protect individuals if there is a genuine threat to their lives and liberty, regardless of the validity of their marriage.
The court has the authority to direct law enforcement to protect individuals if there is a genuine threat to their lives and liberty, regardless of the validity of their marriage.
The court's primary concern was to address any genuine threat to the lives and liberty of the petitioners, without expressing any opinion on the validity of their marriage.
The court has the authority to direct law enforcement to protect individuals if there is a genuine threat to their lives and liberty, regardless of the validity of their marriage.
The court's primary concern was to protect the lives and liberty of the petitioners, without making any determination on the validity of their marriage.
The main legal point established in the judgment is the court's authority to direct law enforcement to take necessary steps to protect individuals in case of a genuine threat to their lives and liber....
The court has the authority to direct law enforcement to protect individuals from potential harm or threat to their lives and liberty
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