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2022 Supreme(UK) 449

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, R.C. Khulbe, JJ.
Mentesha & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (CRL) No. 2274 of 2022
Decided On : 07-12-2022

Advocates appeared:
Sachin, Advocate, J.S. Virk, Advocate

The court can issue a writ of mandamus to compel public authorities to perform their legal duty, such as providing necessary protection and security.

Headnote:

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

Fact of the Case:

The petitioners, who had married out of their own will, sought protection and security from private respondents and others associated with them. They had made a representation to the Senior Superintendent of Police for protection, 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 necessary police protection for the petitioners' lives and liberty.

Issues: Protection and security for the petitioners' lives and liberty.

Ratio Decidendi: The court's decision was based on the petitioners' representation to the Senior Superintendent of Police for protection and the lack of action taken, leading to the court's directive for necessary police protection.

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 necessary police protection for the petitioners' lives and liberty.

JUDGMENT

R.C. Khulbe, J. - In this petition, the petitioners have prayed for the following reliefs :-

    '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 Respondents and other persons associated with them.

    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. Petitioners are present, in person, before us. Petitioner no. 1 (girl) states in clear terms that she has married the petitioner no. 2, out of her own sweet will and volition without any threat or coercion from any person or institution.

    3. 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 20.11.2022 as per Muslim customs (Copy of the Nikahnama is annexed as Annexure No. 2 to the writ petition).

    4. Learned counsel for the petitioners submits that the petitioners have already made a representation on 06.12.2022 before the Senior Superintendent of Police, District Udham Singh Nagar-respondent no. 2 for protecting their lives, a copy whereof is annexed as Annexure No. 3 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.

    5. In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, District Udham Singh Nagar-respondent no. 2 to take a decision on the representation of the petitioners (Annexure No. 3) within 30 days from today. The Senior Superintendent of Police, District Udham Singh Nagar 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 Khatima, District Udham Singh Nagar-respondent no. 3 shall provide necessary police protection for protecting the lives and liberty of the petitioners.

    6. Consequently, pending applications, if any, also stand disposed of.

    7. Let a free copy of this order be immediately handed over to Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand, for early compliance.

    8. A certified copy of this order be provided to the learned counsel for the petitioners by the end of the day.

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