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2023 Supreme(P&H) 108

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, J.
Manjot Kaur & Anr. - Appellants
Versus
State of Punjab & Ors. - Respondents
Criminal Writ Petition No. 647 of 2023 (O&M)
Decided On : 23-01-2023

Advocates Appeared:
Vicky Sharma, Advocate

The court has the authority to direct law enforcement to protect individuals from potential harm or threat to their lives and liberty

Headnote:

Threat to Lives and Liberty - Marriage against Family Wishes - Court directs police to protect petitioners

Fact of the Case:

Petitioners seek protection due to threat from private respondents after marrying against family wishes

Finding of the Court:

The court directs the Senior Superintendent of Police to look into the matter and take necessary steps if there is a genuine threat to the petitioners' lives and liberty

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 need to protect the petitioners from potential harm and ensure their safety

Final Decision: The court orders the police to look into the matter and take necessary steps to protect the petitioners, clarifying that the order does not express any opinion on the validity of the marriage or confer immunity upon the petitioners

JUDGMENT

Gurvinder Singh Gill, J. - Petitioner No.1-Manjot Kaur aged 28 years and petitioner No.2-Deepak aged 28 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, Khanna, to look into the matter and to dispose off the representation dated 19.1.2023 (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 19.1.2023 (Annexure P-5) be sent to respondent No.2-Senior Superintendent of Police, Khanna, 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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