Ankita Rani And ANR v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No. 7696 of 2023 Date of Decision: 04.08.2023 Ankita Rani and another ...PeƟƟoners

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr Ravi Malik, Advocate for the peƟƟoners.

Mr. Manish Bansal, Sr. D.A.G, Haryana.

Mr. Chander Shekhar Singhal, Advocate for respondents No. 4 to 6.

**** ANOOP CHITKARA, J.

Fearing for their lives and liberty at the hands of the private respondents, the peƟƟoners, who claim to have married aŌer aƩaining the permissible age for marriage, against the wishes of the private respondents, have come up before this Court by invoking their fundamental rights of life guaranteed under ArƟcle 21 of the ConsƟtuƟon of India, seeking direcƟon to the State to protect them.

2.

NoƟces served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, response of the official respondents is not required.

3.

Mr. Chander Shekhar Singhal, Advocate has put in appearance on behalf of respondents No. 4 to 6 and filed power of aƩorney, which is taken on record. He submits that the private respondents want to meet their daughter. 4.

Given above, the prayer is genuine and the same is allowed. 5.

If the allegaƟons 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 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 protecƟon to the peƟƟoners for one week from today. However, if the

peƟƟoners no longer require the protecƟon, then at their request it may be disconƟnued even before the expiry of one week. AŌer that, the concerned officers shall extend the protecƟon on day-to-day analysis of the ground realiƟes or upon the oral or wriƩen request of the peƟƟoners.

6.

This protecƟon is subject to the stringent condiƟon that from the Ɵme such protecƟon is given, the peƟƟoners shall not go outside the boundaries of the place of residence, except for medical necessiƟes, to buy household necessiƟes, and for bereavements in the families of the close relaƟves or close friends. However, peƟƟoner(s) shall be at liberty to shiŌ the residence(s) and if the new place falls with the district, then the protecƟon shall be extended to such place. This restricƟon saves the peƟƟoner from apprehended risk and ensures that the protecƟon is not flaunted. 7.

It is clarified that there is no adjudicaƟon 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 interrogaƟon of the peƟƟoners is required in any cognizable case. It shall also be open for the peƟƟoner(s) to approach this Court again in case of any fresh threat percepƟon. 8.

AŌer interacƟng with counsel for the parƟes, counsel for the private respondents submits that private respondents would go to meet their daughter on 08.08.2023 at 11 a.m. at the address menƟoned in the peƟƟon.

9.

Given the request on behalf of the parents i.e private respondents, they are permiƩed to meet their daughter on 08.08.2023 at 11.00 a.m. at the address menƟoned in the peƟƟon and they will stay there at least around 04 hours. Counsel for the peƟƟoners is directed to convey the peƟƟoners especially peƟƟoner No. 2 not to make any hindrance and be extremely respecƞul towards the parents of peƟƟoner No. 1 when they shall meet their daughter. It is further directed that the private respondents shall also behave with the peƟƟoners in a decent and respecƞul manner.

10.

It is clarified that in case, the parƟes find any difficulty, they may interact with their respecƟve counsels. This Court requests the counsels to communicate with each other and solve the problems.

This order shall eclipse aŌer fiŌeen days from today. 12.

There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoners and State can download this order and other relevant parƟculars from the

official web page of this court and aƩest it to be a true copy. The concerned officer can also verify its authenƟcity and may download and use the downloaded copy for immediate use. PeƟƟon is allowed to the extent menƟoned above. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 04.08.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.