High Court of Punjab and HaryanaCRWP/7144/2021disposed of

Sunita And ANR v. State Of Ut And ORS

2021-08-02Mrs. Justice Meenakshi I. Mehta2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.111 CRWP No.7144 of 2021 Date of Decision: 02.08.2021 Sunita and another

...Petitioners

Versus

Union Territory through its Secretary and others

...Respondents

(Heard through Video-Conferencing) CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Mohan Singh Rana, Advocate for the petitioners. * * * * MEENAKSHI I. MEHTA, J.

(ORAL) By way of this petition, both the petitioners have approached this Court for seeking the relief of the issuance of a direction to respondents No.1 to 3 to protect their lives and liberty as they apprehend threat to the same at the hands of respondents No.4 and 5, because they (petitioners) are living in relationship. It has also been mentioned in this petition that a representation (Annexure P-4) has already been moved to respondent No.2 in this regard.

Mr. Deepinder Brar, learned Additional Public Prosecutor, UT Chandigarh, has joined the proceedings on behalf of respondents No.1 to 3 in this case, in pursuance of the copies of this petition having been sent to the respondent-UT in advance.

Heard.

Learned counsel for the petitioners restricts his prayer to the issuance of a direction to respondent No.2 to take appropriate action on the said representation of petitioner No.1, i.e. Annexure P-4. NEETU RANI 2021.08.02 16:39 I attest to the accuracy and integrity of this document PHHC

CRWP No.7144 of 2021 -2- .....

Learned counsel for the respondent-UT has no objection for the same.

However, it is pertinent to mention here that as per the copy of the Aadhar Card (Annexure P-2) of petitioner No.2-Vishal, his date of birth is 10.10.2000 meaning thereby he has not yet attained the prescribed age of marriage, i.e. 21 years.

Be that as it may, keeping in view the intent of the fundamental right as enshrined in Article 21 of the Constitution of India which ensures the protection of life and liberty to the citizens and without commenting or expressing any opinion on the legality and validity of the relationship between the petitioners, respondent No.2-Senior Superintendent of Police, Chandigarh, is hereby directed to look into the afore-said representation of petitioner No.1, i.e. Annexure P-4 and if it is found that the petitioners genuinely deserve any protection, then to take appropriate action in accordance with law.

It is further clarified that this order shall not be construed to be a shield to the petitioners against any proceedings already initiated or intended/contemplated to be initiated by the competent authority/person against them on account of their afore-said relationship and permissible under any relevant provisions of law.

This petition stands disposed of accordingly. 02.08.2021 (MEENAKSHI I. MEHTA) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable No NEETU RANI 2021.08.02 16:39 I attest to the accuracy and integrity of this document PHHC