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2023 Supreme(P&H) 450

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, J.
Manpreet Kaur & Anr. – Appellants
Versus
State Of Punjab & Ors. – Respondents
Criminal Writ Petition No. 454 of 2023 (O&M)
Decided On : 18-01-2023

Advocates appeared:
Jaskamal Singh Grewal, Advocate

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.

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 direction to protect their lives and liberty due to threat from private respondents after marrying against family wishes.

Finding of the Court:

The court disposed of the petition with a direction to the Senior Superintendent of Police to look into the matter and take necessary steps if genuine threat is found. The court clarified that the order does not express any opinion on the validity of the marriage or confer immunity on the petitioners.

Issues: Threat to lives and liberty of petitioners, validity of marriage, and protection from harm.

Ratio Decidendi: The court's decision was based on the potential genuine threat to the petitioners' lives and liberty, directing the police to take necessary steps to ensure their protection.

Final Decision: The court directed the Senior Superintendent of Police to look into the matter and take necessary steps if genuine threat is found, without expressing any opinion on the validity of the marriage or conferring immunity on the petitioners.

JUDGMENT

Gurvinder Singh Gill, J. - Petitioner No.1-Manpreet Kaur aged 29 years and petitioner No.2-Pankaj Kumar aged 29 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, Bathinda, District Bathinda, to look into the matter and to dispose off the representation dated 04.1.2023 (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 04.1.2023 (Annexure P-5) be sent to respondent No.2-Senior Superintendent of Police, Bathinda, District Bathinda 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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