IMPORTANT POINT
The court affirmed that the right to life and liberty under Article 21 is fundamental and must be protected, irrespective of the petitioners' age.

JUDGMENT :

Harkesh Manuja, J.

Present criminal writ petition under Article 226/227 of the Constitution of India has been filed by the petitioners praying for protection to their life and liberty at the hands of respondents No.4 to 8.

2. Upon advance notice, Mr. Siddharth Sandhu, AAG, Punjab appears on behalf of respondents No.1 to 3. Requisite copies of the petition have already been supplied to the respondents-State by the learned counsel for the petitioners.

3. Petitioner No.1 claims to be about 17 years of age whereas petitioner No.2 is major aged about 19 years. Therefore, it is not denied by the learned counsel for the petitioners that petitioners have not attained the marriageable age.

4. It is stated that the petitioners are living together and want to marry each other against the wishes of respondents No.4 to 8. Reliance in this regard is placed upon the decision rendered by a coordinate Bench of this Court, passed in CRM-M-38667-2016 titled Baljeet Kaur and another vs. State of Punjab and others.

5. Apprehending threat to their life and liberty, petitioners have already approached respondent No.2 by way of representation dated 15.04.2024 (Annexure P-3), but to no avail. Though, in the present case, the parties appeared before the Mediation and Conciliation Centre of this Court so as to interact with each other. Petitioner No.1 has submitted that she does not wish to accompany her parents.

6. Article 21 of the Constitution of India stipulates protection of life and liberty to every citizen and that no person shall be deprived of his life and personal liberty except in accordance with procedure established by law. As per the Constitutional mandate it is the bounden duty of the State to protect the life and liberty of every citizen. Mere fact that the petitioners are not of marriageable age or that petitioner No.1 is still a minor, would not deprive the petitioners of their fundamental rights as envisaged in the Constitution, being citizens of India.

7. A Division Bench of this Court in LPA-769-2021 titled Ishrat Bano and another vs. State of Punjab and others, decided on 03.09.2021 held as under:-

“The aspect which we are considering and dealing with is with regard to the threat to the life and liberty to the appellants as has been asserted by them. No doubt, in case a criminal case is registered against any of the parties, the law should take its own course, however, the life and liberty of any person who has approached the Court with such a grievance need to be taken care of and the protection be provided as permissible in law. No person can be permitted or allowed to take law in his hands and therefore, keeping in view the said aspect, we dispose of the present appeal by observing that the Senior Superintendent of Police, Maler Kotla, shall take into consideration the representation dated 17.08.2021 (Annexure P-5) submitted by the appellants and if some substance is found therein, take appropriate steps in accordance with law to ensure that the life and liberty is not jeopardized of the appellants at the hands of the private respondents. This direction shall not be construed in any manner to restrain the official respondents to proceed against the appellants in case there is some criminal case registered against them. The law shall take its own course and it shall be open to the authorities/investigating agency to proceed against the appellants, if required in law and in accordance thereto.”

8. A similar view was taken in Khuspreet Singh and another vs. State of Punjab and others, 2022 (3) RCR (Civil) 988, and in Akash and another vs. State of Punjab and others, 2023 (3) RCR (Civil) 372.

9. Without expressing any opinion on the merits of the matter or commenting thereon and in particular the legality of the alleged relationship, the present petition is disposed of with a direction to the Senior Superintendent of Police, Sirsa-respondent No.2 to consider the aforesaid representation dated 15.04.2024 (Annexure P-3) made by the pe