HIGH COURT OF PUNJAB AND HARYANA
NAVDEEP KAUR AND ANOTHER – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
/210/2023
PROTECTION OF LIFE AND LIBERTY - LIVE-IN RELATIONSHIP - THREAT TO LIFE - POLICE PROTECTION
Fact of the Case:
The petitioners, a couple in a live-in relationship, sought protection of their lives and personal liberty from the respondents, who were threatening them due to their relationship.
Finding of the Court:
The court directed the Senior Superintendent of Police to investigate the petitioners' representation and take appropriate action to protect their lives and personal liberty if their innocence was established.
Issues: Protection of life and liberty of individuals in a live-in relationship facing threats.
Ratio Decidendi: The court held that the police have a duty to protect the lives and personal liberty of individuals, including those in live-in relationships, who face threats to their safety.
Final Decision: The court disposed of the petition and directed the Senior Superintendent of Police to investigate the petitioners' representation and take appropriate action to protect their lives and personal liberty.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
114
CRWP-210-2023
Decided on : 10.01.2023
Navdeep Kaur and another
. . . Petitioner(s)
Versus
State of Punjab and others
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Arun Gupta, Advocate
for the petitioners.
****
SANJAY VASHISTH
, J. (Oral)
By way of filing this petition, petitioners seek necessary
protection of their lives and personal liberty in view of the fact that they have
not solemnized their marriage so far and are living in a live-in relationship, as
petitioner No.2 is not of marriageable age, and are under eminent threat at the
hands of respondents No.4 and 5.
Learned counsel for the petitioners submits that petitioners are in
a live-in relationship against the wishes of respondent No. 4 and 5, and have
sought protection to their life and liberty. It is submitted that petitioner No.
1-Navdeep Kaur, is aged 18 years and petitioner No. 2 – Baljinder Singh, is
aged 19 years and they apprehend danger at the hands of private respondents
No.4 and 5, who will eliminate them if they intend to solemnize the marriage
at relevant time.
In the context of threat perception at the hands of private
respondents No.4 and 5, petitioners have allegedly moved representation
dated 05.01.2023 (Annexure P-3) to the Senior Superintendent of Police,
Ludhiana Rural, (respondent No.2), wherein, all the apprehensions qua their
lives and liberty has been expressed.
JAWALA RAM
2023.01.10 14:04
I attest to the accuracy and
authenticity of this
order/judgement.
CRWP-210-2023
- 2 -
Notice of motion to respondents No.1 to 3.
On advance notice, Mr. J.S. Arora, DAG, Punjab, puts in
appearance on behalf of respondents No.1 to 3.
Since petitioners have not contracted any marriage and seek only
protection qua their lives and personal liberty, and for the same already
representation dated 05.01.2023 (Annexure P-3) is pending, it would be
appropriate to direct respondent No. 2 to have a fair look to the said
representation, on the grievance of the petitioners in order to ascertain
veracity of allegations made by them.
Respondent No.2 would be at liberty to devise his/her own
mechanism to ascertain the truth. He/she would also be at liberty to join the
petitioners or any other person acquainted with facts in issue. If the
innocence of the petitioners are established, then respondent No.2 shall
proceed to take appropriate action in order to protect lives and personal
liberty of the petitioners from being invaded by private respondents No.4 and
5.
The aforesaid order is being passed at this stage without
meaning anything on the status of the parties on the basis of live-in
relationship and age of petitioners. Respondent No.2 would consider and
pass necessary order without being influenced by any statement of fact
recorded hereinabove.
Petition stands disposed of accordingly.
(SANJAY VASHISTH)
JUDGE
January 10, 2023
J.Ram/kavita
Whether speaking/reasoned:
Yes/No
Whether Reportable: Yes/No
JAWALA RAM
2023.01.10 14:04
I attest to the accuracy and
authenticity of this
order/judgement.
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