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2024 Supreme(Online)(RAJ) 30519
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Justice Sudesh Bansal, J
SMT. SEEMA MALI WIFE OF SHRI MANPHOOL MALI DAUGHTER OF SHRI JUGAL KISHORE – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLW / 201 / 2024
Mr. Sandeep Sharma, Mr. Chandragupt Chopra, PP
Every citizen has a fundamental right to life and liberty, and must follow established procedures for seeking protection from threats.
Headnote:(A) Constitution of India - Article 21 - Right to life and liberty - Petitioners, being major, have a legal right to live together of their own free will, but face threats from private respondents. Court emphasizes the importance of approaching the designated Nodal Officer for grievances as per prior directives. (Paras 1-5)
(B) Legal Rights - Fundamental rights of citizens - Court recognizes the fundamental right to life and liberty, directing petitioners to seek protection through established channels. (Paras 2, 5)
Facts of the case:
Petitioners are major individuals who have married and claim threats to their life and liberty from relatives. They have not approached the designated Nodal Officer for protection as per prior court directives.
Findings of Court:
The court disposes of the petition, allowing petitioners to approach the Nodal Officer for necessary action regarding their grievances.
Issues: The main issue addressed is the petitioners' right to protection from threats and the procedural requirement to approach the Nodal Officer.
Ratio Decidendi: The court affirms that every citizen has a fundamental right to life and liberty, while also emphasizing the need to follow established procedures for seeking protection.
Result: Petition disposed of with liberty to approach Nodal Officer.
Order
05/02/2024
1. Petitioners have preferred instant petition for issuance of necessary directions to official-respondents to provide adequate security and protection to them on the ground that they are facing grave threat of their life and liberty at the hands of private respondents.
2. Counsel for petitioners submits that both petitioners are major and have entered into marriage. It is submitted that petitioners, being major, have a legal right to live together out of their free will, however, relative of petitioners i.e private respondents are giving threatening to petitioners for dire consequences.
3. During course of arguments, learned Public Prosecutor has drawn attention of this Court to the order dated 04.01.2019 passed by a Coordinate Bench in SB Criminal Miscellaneous Petition No.02/2019 ; Bajrang Lal Sharma Vs. State of Rajasthan , in pursuance of which, a Circular dated 18.01.2019 came to be issued from the Office of Director General of Police, Rajasthan, providing for appointment of Nodal Officer at every Police Station in the State of Rajasthan, for ventilation of grievances of newly married couple, including for adequate protection to them. However, petitioners have not approached before the concerned Nodal Officer for redressal of their grievance and have directly approached this Court by way of present criminal writ petition.
4. Learned counsel for petitioners does not dispute the aforesaid contentions made by learned Public Prosecutor.
5. This Court in the present writ petition is not inclined to examine legality and validity of the status of parties under which they are living together, however, in view of legal proposition that every citizen has a fundamental right of his/ her life and liberty, this petition is disposed of with liberty to petitioners to approach before the concerned Nodal Officer for ventilation of their grievances. In case, petitioners move any application, it is expected from the concerned Nodal Officer to take necessary action, after verifying the facts, if required.
However, it is made clear that this order will not affect the civil/ criminal proceedings, if any, in the present matter.
6. Stay application and other pending application(s), if any, stand disposed of.
