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High Court of Punjab and HaryanaCRWP/9462/2020disposed of

Arshdeep Singh And ANR v. State Of Punjab And Others

2020-11-16Mrs. Justice Meenakshi I. Mehta2 pages

CRWP No.9462 of 2020 ..1..

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.106 CRWP No.9462 of 2020 Date of Decision: 16.11.2020 Arshdeep Singh and another

...Petitioners

Versus

State of Punjab and others

...Respondents

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

Present:

Mr. Jagpal Singh, Advocate, for the petitioners.

Ms. Jaspreet Kaur, A.A.G., Punjab, for respondents No.1 to 3.

MEENAKSHI I. MEHTA (ORAL) By way of the instant petition, the petitioners have sought the indulgence of this Court for issuance of writ directing respondents No.2 and 3 to protect their life and liberty as they apprehend threat to the same at the hands of respondents No.4 to 7 because they are living in live-in relationship against the wishes of these respondents. It has also been mentioned in the petition that the petitioners have already moved a representation (Annexure P-3) to respondent No.2-The Commisioner of Police, Ludhiana, on 25.10.2020, in this regard.

Notice of motion to respondents No.1 to 3 only. Ms. Jaspreet Kaur, A.A.G., Punjab has joined the proceedings in pursuance of the copy of this petition, having been sent to respondents No.1 to 3-State in advance and at the asking of the Court, she accepts notice GEETA RANI 2020.11.16 18:08 I attest to the accuracy and integrity of this document

CRWP No.9462 of 2020 ..2..

on behalf of respondents No.1 to 3.

Heard.

Learned counsel for the petitioners restricts his prayer to issuance of a direction to respondent No.2 to take appropriate action on the said representation (Annexure P-3).

Learned State counsel has no objection for the same. It is pertinent to mention here that a bare perusal of Annexure P2, i.e the copy of the Aadhar Card of petitioner No.2-Harpreet Kaur, reveals that she was born in the year 2003 meaning thereby that she had not even attained the age of majority, i.e 18 years.

However, undisputedly, the protection of life and liberty is a fundamental right of every citizen as enshrined under Article 21 of the Constitution of India. Therefore, without expressing any opinion on the legality and validity of the relationship between the petitioners, respondent No.2-The Commissioner of Police, Ludhiana, is hereby directed to look into the said representation (Annexure P-3) and if it is found that the petitioners genuinely deserve any protection, then to take appropriate action in accordance with law. It is clarified here that this order shall not be construed to be a shield to the petitioners against any proceedings initiated or to be initiated by the competent Authority/person on account of their said relationship and permissible under any relevant provisions of law. This petition stands disposed of.

(MEENAKSHI I. MEHTA) JUDGE 16.11.2020.

geeta Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No GEETA RANI 2020.11.16 18:08 I attest to the accuracy and integrity of this document