IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Manoj Kumar Tiwari, JJ.
Akansha & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (CRL) No. 34 of 2023
Decided On : 06-01-2023
Writ Petition - Police Protection - The court directed the Senior Superintendent of Police to take a decision on the representation of the petitioners within 30 days and ordered the SHO to provide necessary police protection for protecting the lives and liberty of the petitioners.
Fact of the Case:
The petitioners, who belong to the same faith, got married and sought protection from the police due to threats to their lives. They had made a representation to the Senior Superintendent of Police, but no action had been taken, leading them to file the writ petition.
Finding of the Court:
The court disposed of the writ petition by directing the Senior Superintendent of Police to take a decision on the representation of the petitioners within 30 days and ordered the SHO to provide necessary police protection for protecting the lives and liberty of the petitioners.
Issues: The main issue was the petitioners' request for police protection due to threats to their lives after getting married.
Ratio Decidendi: The court's decision was based on the need to ensure the safety and security of the petitioners in light of the threats they faced, and the failure of the police to take action on their representation.
Final Decision: The court directed the Senior Superintendent of Police to take a decision on the representation of the petitioners within 30 days and ordered the SHO to provide necessary police protection for protecting the lives and liberty of the petitioners.
JUDGMENT
Manoj Kumar Tiwari, J. - In this petition, the petitioners have prayed for the following reliefs: -
'(a) Issue a writ order or direction in the nature of mandamus directing the respondent No. 1 & 2 to provide adequate protection to the petitioners from respondent No. 3, so that they may live peaceful life.
(b) Issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
(c) Award the cost of the petition to the petitioners.'
2. In the present case, both the petitioners belong to the same faith and are major. Both the petitioners were in love and they wanted to marry each other. So they have solemnized their marriage on 18.09.2022 as per Hindu customs at Tanda Mazra, Budhana, Muzaffarnagar, Uttar Pradesh, and on 10.10.2022, they got the same registered in the Office of the Sub-Registrar / Registrar of Hindu Marriages, Budhana (Muzaffarnagar), Uttar Pradesh (Copy of the marriage certificate is annexed as Annexure No. 3 to the writ petition).
3. The learned counsel for the petitioners submits that the petitioners have already made a representation on 03.01.2023 before the Senior Superintendent of Police, District Haridwar- respondent no. 1 for protecting their lives, a copy whereof is annexed as Annexure No. 4 to this Writ Petition, but nothing has been done as yet. Having been left with no other remedy, the petitioners have filed the present Writ Petition.
4. In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, District Haridwar- respondent no. 1 to take a decision on the representation of the petitioners (Annexure No. 4) within 30 days from today. The Senior Superintendent of Police, District Haridwar shall take information and intelligence from the concerned SHO during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station Laksar, District Haridwar-respondent no. 2 shall provide necessary police protection for protecting the lives and liberty of the petitioners.
5. Consequently, pending applications, if any, also stand disposed of.
6. Let a free copy of this order be immediately handed over to Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand, for early compliance.
7. Urgent copy of this order be supplied to the learned counsel for the parties during the course of the day, as per Rules.
The court has the authority to issue a writ of mandamus directing law enforcement authorities to provide necessary protection to individuals facing threats to their lives and liberty.
The court's decision emphasized the importance of providing protection to interfaith married couples facing threats and harassment.
The court's decision was guided by the principle of mandamus, directing the law enforcement authorities to take action to protect the fundamental rights of the petitioners.
The duty of the police to provide necessary protection to individuals in fear for their lives, especially in cases involving marriage and personal safety.
The court has the power to issue a writ of mandamus to compel public authorities to perform their duties, including providing necessary protection to individuals at risk.
The court can issue a writ of mandamus to compel public authorities to perform their legal duty, such as providing necessary protection and security.
The court has the authority to direct law enforcement to provide protection to individuals in danger.
The court can issue a writ of mandamus to compel public authorities to perform their legal duties, such as providing police protection in cases where individuals' lives and liberty are at risk.
The disagreement with a marriage does not permit individuals to take the law into their own hands.
The court can issue a writ of mandamus to compel public authorities to perform their legal duty, such as providing protection and security to individuals in need.
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