Smt. Kiran Kumari & ANR. v. The State (Govt. Of NCT Of Delhi) & ORS.

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2316/2018 SMT. KIRAN KUMARI & ANR.

..... Petitioners Through:

Mr. Amit Kumar Singh, Advocate.

versus THE STATE (GOVT. OF NCT OF DELHI) & ORS. ..... Respondents Through:

Ms. Purnima Malik, Advocate for Mr.

Avi Singh, ASC for State.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 07.08.2018 Issue notice. Ms. Purnima Malik, Advocate accepts notice on behalf of the State.

The petitioners are adults and claim to have married each other of their own free volition. They apprehend threat to their life, limb and liberty from respondent no. 4 and her other relatives and seek adequate protection. The learned counsel for the State submits upon instructions that the petitioners are not residing at the address mentioned in the petition. Their telephone numbers are also found to be switched-off. However, it cannot be ruled out that persons, in the petitioners' predicament, out of fear to their life and limb, ordinarily lead a nomadic life till such time that appropriate protection is provided to them. It is possible that in fear they have been moving from one place to another.

The learned counsel for the petitioner submits that petitioner no. 2 has

changed his name by way of a Public Notice issued in the Times of India on 04.01.2018. A copy of which is taken on record. Affidavit in this regard be filed by petitioner no. 2 in the course of the day. The learned counsel for the petitioner states that he will furnish the latest address of the petitioners to the learned counsel for the State. The same shall not be disclosed to anybody by the police, to secure their safety and security.

In view of the above, the SHO of the area concerned shall interact with the petitioners and in terms of the threat perceived apropos them, accord them protection. Additionally, it is expected that he would sensitise the relatives of the petitioners, that the petitioners have a right to choose their life partner and to live peacefully, and any breach of the same would be an effort to diminish the freedom and dignity guaranteed under the Constitution of India.

The petitioners shall be furnished telephone numbers of three police officers in the jurisdiction of the concerned Police Station where they reside, of which one shall be of a lady police officer. These numbers shall be kept operational at all times so that any exigency can be intimated on either of the numbers by the petitioners. It is expected that that any call or SMS received on the said numbers or on any other telephone number of the police either shall be immediately attended to. Additionally, the Beat Constable/Division Staff of the area concerned shall regularly visit the residence of the petitioners on a daily basis at least for a period of month and report the same in the Roznamcha. The safety and security of the petitioners shall be assessed by the SHO on a weekly basis with due endorsement of the same in the Roznamcha.

Should the petitioners change their residence to the jurisdiction of any other Police Station in the NCT of Delhi, the SHO of the subsequent Police Station shall ensure due protection to them in terms of this order. No further orders are required at this stage. The petition stands disposed-off in view of the above terms. NAJMI WAZIRI, J AUGUST 07, 2018 RW