Radhika Malhotra And Another v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP NO. 4816 OF 2020 DATE OF DECISION : 15.07.2020 Radhika Malhotra and another

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Ruhani Chadha, Advocate, for the petitioners.

Mr. Vikrant Pamboo, DAG, Haryana.

ARUN MONGA, J. (ORAL) The petitioners are seeking issuance of appropriate directions to official respondents No.1 to 3 to protect their life and liberty, being a fundamental right, as envisaged under Article 21 of the Constitution of India. Petitioners allege that they are under imminent threat from respondents No.4 to

7. It is stated that both are major and have been purportedly in love with each other for quite sometime. But their relationship is/was not acceptable to their family members. Allegedly, petitioner No.2 was forcibly married with someone against his wishes. Both the petitioners claim to be in a live-in relationship. But now they apprehend threat to their life at the hands of respondents No.4 to 7, who are family members of petitioner No.1. As per petition, petitioner No.2 has not yet taken divorce from his wife. 2.

Learned counsel for the petitioners submits per his instructions both the petitioners are fearing serious threat to their life by way of honor killing by the family members of petitioner No.1 and, therefore, earnestly seek indulgence of this Court for protection of their life. SONU 2020.07.15 02:34 I attest to the accuracy and integrity of this document

3.

The contents of the petition along with Annexures thereof have been perused. The petitioners have submitted representation dated 01.07.2020 (Annexure P-3) to respondents No.2 seeking protection of their lives and liberty at the hands of private respondents No.4 to 7. 4.

Without expressing any opinion on the legitimacy of the relationship between the petitioners and keeping in view Judgment rendered by Apex Court in Lata Singh Vs. State of U.P. &Anr. 2006(2) SCC (Crl.) 487, the petition is disposed of with a direction to respondent No.2 i.e. Superintendent of Police, Yamuna Nagar, that contents of representation dated 01.07.2020 (Annexure P-3) submitted by the petitioners, seeking protection of life and liberty be duly verified and if necessary, requisite steps be taken, in accordance with law for grant of protection of life and liberty to the petitioners. It is clarified that this order is only for the purpose of protection of life of the petitioners and shall not have any reflection on the merits of the contentions raised by them in the present petition and shall not confer any kind of immunity and/or legitimacy to their relationship, in case it is found that they have committed anything wrong.

(ARUN MONGA) JULY 15, 2020 JUDGE shalini Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2020.07.15 02:34 I attest to the accuracy and integrity of this document