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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G.S.AHLUWALIA
Saniya Bano – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER :
G.S. AHLUWALIA, J.
This petition under Article 226 of the Constitution of India has been filed by petitioners seeking the following reliefs:-
"(i) That, the concerned police authorities may kindly be directed to provide immediate and adequate protection to the petitioners, Saniya Bano (Petitioner No.1) and Abhishek Soni(Petitioner No.2), against any threats, harm, or acts of violence from the family members of Petitioner No.1 or any other individuals acting on their behalf in the interest of justice.
(ii) That, issue directions to ensure continuous surveillance and monitoring around the petitioners’ residence in Ward No.7, Near New Bus Stand, Karera, District Shivpuri, to prevent any untoward incidents that could jeopardize their safety and liberty.
(iii) That, the respondent authorities may kindly directed the police to take preventive action against any individuals, including the family members of Petitioner No.1, who attempt to intimidate, harass, or harm the petitioners in any manner.
Any other relief which this Hon’ble Court deems fit in the facts and circumstances of the case same may kindly be granted to the Petitioner."
2. It is the case of petitioners that petitioner No.1
The court emphasized the State's role in ensuring protection for individuals wishing to marry across religious lines, despite the marriage being irregular under Mahomedan Law.
The court affirmed the fundamental right to personal choice in marriage and the necessity of police protection against familial threats.
The court can issue a mandamus directing the police to provide necessary protection to individuals facing harassment and interference in their married life.
Mere apprehensions of danger are not sufficient to warrant police protection.
The court emphasized the importance of addressing the apprehension of the petitioners and directed the police to record the statement of petitioner No.1 before proceeding with any report or FIR again....
The court has the authority to direct law enforcement to provide protection to individuals in danger.
The court affirmed the constitutional duty of authorities to protect individuals in inter-caste or inter-religious marriages from harassment, as mandated by the Supreme Court.
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