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2023 Supreme(P&H) 104

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

Advocates Appeared:
Puneet Pali, Advocate

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

Headnote:

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.

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