IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Ramesh Chandra Khulbe, JJ.
Arshi B & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition Criminal No. 2444 of 2022
Decided On : 23-12-2022
Mandamus - Protection and Security - 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, who were in love and wanted to marry each other, sought protection and security from the private respondent and others associated with him. They had made a representation to the Senior Superintendent of Police for protection but had not received any response, 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 petitioner within 30 days and provide necessary police protection for protecting the lives and liberty of the petitioners.
Issues: Protection and security for the petitioners from private respondent and others associated with him.
Ratio Decidendi: The court's decision was based on the need to ensure the protection and security of the petitioners' lives and liberty, considering the representation made to the Senior Superintendent of Police.
Final Decision: The Writ Petition was disposed of, and all pending applications were also disposed of.
JUDGMENT
Ramesh Chandra Khulbe, J. - In this petition, petitioners have prayed for the following relief(s): -
i) An appropriate writ, order of direction in the nature of Mandamus commanding the Respondent No. 1 to 3 to provide proper and adequate protection and security to the life and liberty of the Petitioners from private Respondent and other persons associated with him.
ii) A writ, order or direction in the nature of mandamus commanding the private Respondents not to interfere in the peaceful life of 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. The learned counsel for the petitioners submits that the petitioners have already made a representation before the S.S.P, District Udham Singh Nagar-respondent no.2 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, District Udham Singh Nagar-respondent no.2 to take a decision on the representation of the petitioner (Annexure No.2) within 30 days from today. The Senior Superintendent of Police, Udham Singh Nagar shall take information and intelligence from the SHO, Police Station Sitarganj, District Udham Singh Nagar-respondent no.3 during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station Sitarganj, District Udham Singh Nagar-respondent no.3 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.
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.
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 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 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 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 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'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 court's decision emphasized the importance of providing protection to interfaith married couples facing threats and harassment.
The court can issue a mandamus directing the police to provide necessary protection to individuals facing harassment and interference in their married life.
Opposition to marriage does not justify threats or violence, and the police have a duty to ensure the safety and security of individuals facing such threats.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.