Abhi Masih And Another v. State Of Punjab And Others

-12023:PHHC:091528 CRWP-7111-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (119) CRWP-7111-2023 Date of Decision:-20.07.2023 Abhi Masih and another ......Petitioners

Versus

State of Punjab and others ......Respondents

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN

Present:

Mr. Sarvesh Kumar Gupta, Advocate for the petitioners. Mr. I.P.S. Sabharwal, DAG, Punjab.

**** ALOK JAIN, J. (Oral) 1.

The present petition has been filed under Articles 226/227 of the Constitution of India seeking protection of the lives and personal liberty of the petitioners. Petitioners are in a live-in relationship and they fear for their lives and liberty at the hands of relatives of petitioner No.2. 2.

Notice of motion to respondents No.1 to 3.

3.

On asking of the Court, Mr. I.P.S. Sabharwal, DAG, Punjab, who is present in the Court, accepts notice on behalf of State/respondents No.1 to 3.

4.

Considering the nature of the order being passed, there is no necessity to serve the private respondents or to seek a reply from any one of the respondents.

5.

The petitioners are major as is evident from their documents Annexure P-1 and P-2 and as such they are at liberty to lead their lives according to their volition and the private respondents No.4 to 7 have no right to interfere therein.

PARUL 2023.07.21 13:48 I attest to the accuracy and authenticity of this document

-22023:PHHC:091528 CRWP-7111-2023 6.

In view of the above and without commenting upon the relationship of the petitioners, I deem it appropriate to direct respondent No.2 to ensure that life and liberty of the petitioners is protected by providing them adequate protection after carrying out a threat assessment and as and when deemed appropriate. The representation dated 22.06.2023 (Annexure P-3) already made as well as the facts mentioned in this petition shall be kept in mind by him.

7.

In light of the above, the present petition stands disposed of. However, it is made clear that this order shall not be construed as any stamp on the alleged relationship of the parties or any confirmation to their acts and deeds. This order shall not operate as any alibi or defence to any proceedings which might be pending or may arise against the petitioners. Although, the State is duty bound to protect its citizens and only with the said motive, the present order/directions have been passed. (ALOK JAIN) JUDGE July 20, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.07.21 13:48 I attest to the accuracy and authenticity of this document