Varinder Singh And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.140 CRWP No.7208 of 2022 Date of Decision: 28.07.2022 Varinder Singh and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Vikram Satpal Anand, Advocate for the petitioners.

* * * * MEENAKSHI I. MEHTA, J.

(ORAL) By way of the instant petition, both the petitioners seek the indulgence of this Court for the issuance of a writ in the nature of mandamus directing respondents No.2 and 3 to protect their lives and liberty as they apprehend threat to the same at the hands of respondents No.4 to 6 because they (petitioners) are living together. 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. Sandeep Singh Deol, learned Deputy Advocate General, Punjab, has appeared on behalf of respondents No.1 to 3 in this case in pursuance of the copies of the present petition having been sent to the respondent-State in advance.

Heard.

Learned counsel for the petitioners restricts his prayer to the issuance of a direction to respondent No.2 to look into and take appropriate action on the said representation of petitioner No.1, i.e. Annexure P-4. Learned State counsel has no objection for the same. NEETU RANI 2022.07.29 10:31 I attest to the accuracy and authenticity of this order/judgment PHHC

CRWP No.7208 of 2022 -2- .....

However, it is pertinent to mention here that as per Annexures P-2 & P-3, i.e the respective copies of the educational qualification certificate and Aadhar Card of petitioner No.2 Aysha Parbeen, her date of birth is 20.07.2005, meaning thereby that she has not yet attained the age of majority, i.e 18 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 as well as the abovediscussed limited prayer as made by learned counsel for the petitioners 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, Amritsar, is hereby directed to look into the afore- -said representation (Annexure P-4) of petitioner No.1 only to the extent of threat perception of the petitioners qua their lives and if it is found that they (petitioners) genuinely deserve the said 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 action/proceedings, including any criminal case, already initiated/registered or intended/contemplated to be initiated/registered against them by any competent authority/person in view of the above-discussed facts and circumstances or on account of their afore- -said relationship and permissible under any relevant provisions of law. This petition stands disposed of accordingly. 28.07.2022 (MEENAKSHI I. MEHTA) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable No NEETU RANI 2022.07.29 10:31 I attest to the accuracy and authenticity of this order/judgment PHHC