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2023 Supreme(Online)(P&H) 2899

HIGH COURT OF PUNJAB AND HARYANA
NAVDEEP KAUR AND ANOTHER – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
/210/2023



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.

Headnote:

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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