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2022 Supreme(UK) 427

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Ramesh Chandra Khulbe, JJ.
Saniya & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition Criminal No. 2442 of 2022
Decided On : 23-12-2022

Advocates appeared:
Sachin Kumar Sharma, Advocate, Rakesh Joshi, Advocate

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.

Headnote:

Mandamus - Police Protection - The court directed the Senior Superintendent of Police to take a decision on the representation of the petitioner within 30 days and provide necessary police protection for protecting the lives and liberty of the petitioners.

Fact of the Case:

The petitioners, belonging to different faiths and being in love, sought police protection for their lives and liberty as they wanted to marry each other. The petitioners 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 directed the Senior Superintendent of Police to take a decision on the representation of the petitioner within 30 days and 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 their intention to marry despite belonging to different faiths.

Ratio Decidendi: The court's decision was based on the need to protect the lives and liberty of the petitioners, considering the potential threat due to their different faiths and their desire to marry.

Final Decision: The Writ Petition was disposed of, and the court directed the Senior Superintendent of Police to take a decision on the representation of the petitioner within 30 days and provide necessary police protection for protecting the lives and liberty of the petitioners.

JUDGMENT

Ramesh Chandra Khulbe, J. - In this petition, petitioners have prayed for the following relief(s): -

    A) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no.1 & 2 to provide the police protection to the petitioners for the safety of their life and living.

    B) To pass a suitable writ, order or direction in favour of petitioners which this Hon'ble Court may deem fit and proper in the circumstances of the present case.

    2. In the present case, both the petitioners belong to the different faith and are major. Both the petitioners were in love and they wanted to marry each other. The learned counsel for the petitioners submits that the petitioner No.1 has already made a representation before the S.S.P, Haridwar, District Haridwar-respondent no.1 for protecting their lives, a copy whereof is enclosed as Annexure No.2 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.

    3. In that view of the matter, we hereby dispose of the Writ Petition by directing the S.S.P, Haridwar, District Haridwar - respondent no.1 to take a decision on the representation of the petitioner (Annexure No.2) within 30 days from today. The Senior Superintendent of Police, Haridwar shall take information and intelligence from the SHO, Police Station Civil Line Kotwali, Roorkee, District Haridwar during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station Civil Line Kotwali, Roorkee, District Haridwar shall provide necessary police protection for protecting the lives and liberty of the petitioners.

    4. Let a free copy of this order be immediately handed over to Mr. Rakesh Joshi, the learned Brief Holder for the State of Uttarakhand, for early compliance.

    5. The Writ Petition is, hereby, disposed of.

    6. In sequel thereto, all pending applications stand disposed of.

    7. Urgent copy of this order be supplied to the learned counsel for the parties during the course of the day, as per Rules.

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