Mohd Anish And Another v. State Of Haryana And Others

CRWP No. 6316-2023 2023:PHHC:085556

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No. 6316-2023 (O&M) Date of Decision: 07.07.2023 Mohd. Anish and another

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Khalid Tauru, Advocate for the petitioners. Mr. Rajat Gautam, Addl. AG, Haryana.

Mr. Prabhjot Singh Mann, Advocate for respondent No.4.

**** ANOOP CHITKARA, J.

CRM-W-915-2023 Allowed, as prayed for.

Main case Fearing for their lives and liberty at the hands of the private respondents, the petitioners who claim to be in a live-in relationship, after crossing eighteen years of age, have come up before this Court by invoking their fundamental rights of life guaranteed under Article 21 of the Constitution of India, seeking direction to the State to protect them from the private respondents. 2.

Counsel for the petitioners submits that he would be confining his prayer to the extent of protection of life and liberty of the petitioners at this stage, reserving their right to take other legal remedies for remaining prayers including filing of fresh writ petition.

3.

Notices served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required 4.

Counsel appearing for respondent No.4 submits that there is no threat from them to life of the petitioners. However, petitioners' counsel submits that they are apprehending threat to their lives.

5.

If the allegations of apprehension of threat to their lives turn out to be true, it might lead to an irreversible loss. Thus, in the facts and circumstances peculiar to this ANJU RANI 2023.07.07 15:21 I attest to the accuracy and integrity of this document

CRWP No. 6316-2023 2023:PHHC:085556 case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protection to the petitioners for one week from today. However, if the petitioners no longer require the protection, then at their request it may be discontinued even before the expiry of one week. After that, the concerned officers shall extend the protection on day-to-day analysis of the ground realities or upon the oral or written request of the petitioners. 6.

This protection is subject to the stringent condition that from the time such protection is given, the petitioners shall not go outside the boundaries of the place of residence, except for medical necessities, to buy household necessities, and for bereavements in the families of the close relatives or close friends. However, petitioner(s) shall be at liberty to shift the residence(s) and if the new place falls with the district, then the protection shall be extended to such place. This restriction saves the petitioners from apprehended risk and ensures that the protection is not flaunted. 7.

It is clarified that there is no adjudication on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not come in the way if the interrogation of the petitioners is required in any cognizable case. It shall also be open for the petitioner(s) to approach this Court again in case of any fresh threat perception.

8.

This order shall eclipse after thirty days from today. 9.

Liberty reserved to the petitioner to file a fresh representation to the concerned Senior Superintendent of Police within fifteen days from today. If the petitioner files such representation within the above mentioned time period of fifteen days, then the same shall be decided by the concerned Senior Superintendent of Police within two months.

10.

There would be no need for a certified copy of this order, and any Advocate for the Petitioners and State can download this order and other relevant particulars from the official web page of this court and attest it to be a true copy. The concerned officer can also verify its authenticity and may download and use the downloaded copy for immediate use.

Petition is allowed to the extent mentioned above. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 07.07.2023 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2023.07.07 15:21 I attest to the accuracy and integrity of this document