Mamta Kumari & ANR v. State Of NCT & ORS

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2058/2018 MAMTA KUMARI & ANR.

..... Petitioners Through:

Mr. Brajesh Pandey, Mr. Raju Sonkar and Ms. Spiti Sarker, Advocates.

Versus

STATE OF NCT & ORS.

..... Respondents Through:

Mr. Piyush Singhal for Mr. Ashish Aggarwal, Additional Standing Counsel with SI Praveen Kumar, P.S. Mandawali.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 13.07.2018 This petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeks issuance of a Writ of Mandamus for providing necessary security to the petitioners as they apprehend threat to their life, limb and liberty from respondents No. 2 to 7 and their relatives to the extent of honour killing. The petitioners, Ms. Mamta Kumari and Mr. Dinbandhu Pandey have married each other of their own free volition on 18.01.2018. However, the marriage does not have the blessings of the parents of the petitioner No.1, Ms. Mamta Kumari.

In the circumstances, the respondent No.1 is directed to provide them appropriate protection on the basis of threat perception assessed by the officer concerned. Their address of residence would not be disclosed by the

police to anybody else. Telephone numbers of three police officials, including a lady police officer shall be given to the petitioners. These numbers shall be kept operational at all times so that the petitioners could contact the police in case of any exigency.

The learned counsel for the State assures the Court that any information received from the petitioners, either through a telephone call or SMS, would be immediately responded to. Additionally, the Beat Constable of the area shall visit the petitioners on a daily basis for the next one month and ascertain about their safety and security. The Station House Officer of the Police Station concerned would also assess the security of the petitioners on a regular basis. Should the petitioners shift their address to the jurisdiction of any other Police Station in Delhi, the same protection shall be granted to them in the subsequent Police Station also. In the circumstances, no further orders are required. The petition stands disposed-off in the above terms. A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master. NAJMI WAZIRI, J.

JULY 13, 2018 sb