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2022 Supreme(UK) 443

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Ramesh Chandra Khulbe, JJ.
Tarannum & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (Criminal) No. 2304 of 2022
Decided On : 08-12-2022

Advocates appeared:
Mohd. Alauddin, Advocate, Rakesh Joshi, Advocate

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.

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, who belong to the same faith, married each other and sought protection from harassment and threats. The Senior Superintendent of Police was directed to take a decision on the representation of the petitioner within 30 days and provide necessary police protection.

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: Petition for police protection and relief from harassment and threats.

Ratio Decidendi: The court's decision was based on the need to ensure the safety and security of the petitioners in the face of potential harassment and threats.

Final Decision: The Writ Petition was disposed of, and the Senior Superintendent of Police was directed 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 to the respondent nos.1, 2 and 3 to provide protection/security to the petitioners and they may be directed to ensure that the respondent no. 4 to 6 may not harass, threat and commit violation to the petitioners in any manner.

    (b) Issue any other relief, which this Hon'ble Court may deem fit and proper in the circumstances of the case, be passed in favour 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, so they have solemnized their marriage on 17.09.2020 as per Muslim rites and rituals (Nikahnama is enclosed as Annexure-3). The learned counsel for the petitioners submits that the petitioner no.1 has already made a representation before the Senior Superintendent of Police, District Haridwar- respondent no.2 for protecting their lives, a copy whereof is annexed as Annexure No.6 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 Senior Superintendent of Police, District Haridwar - respondent no. 2 to take a decision on the representation of the petitioner (Annexure No.6) within 30 days from today. The Senior Superintendent of Police, District Haridwar shall take information and intelligence from the SHO, Police Station Kotwali Laksar, District Haridwar during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station Kotwali Laksar, 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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