High Court of Punjab and HaryanaCRWP/8569/2022disposed of

Fool Vano And Another v. State Of Haryana And Others

2022-09-06Mr. Justice Ashok Kumar Verma3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 06.09.2022 Fool Vano and another ......Petitioners vs.

State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

Present:

Mr. Kapil Khanna, Advocate, for the petitioners.

Mr. Himmat Singh, Deputy Advocate General, Haryana. ASHOK KUMAR VERMA, J. (ORAL) This petition has been filed under Article 226 of the Constitution of India for directing respondents No.2 and 3 to protect the life and liberty of the petitioners at the hands of private respondents. Learned counsel for the petitioners submits that both the petitioners are major and have decided to marry with each other. However, parents and other relatives of petitioner No.1 are averse to their marriage. Now, they are living in a live-in-relationship against the wishes of respondents No.4 and 5 and have sought protection to their life and liberty. They apprehend danger at the hands of respondents No.4 and 5. Therefore, they have submitted a representation dated 02.09.2022 (Annexure P-4) to respondent No.2 - Superintendent of Police, District

-2Kurukshetra.

Learned counsel for the petitioners further submits that the petitioners are living in a constant danger as they have every apprehension that respondents 4 and 5 would catch them and carry out their threats and might go to the extent of even committing their murder. The petitioners are, therefore, running from pillar to post for protection of their life and liberty.

In support of his contentions, learned counsel for the petitioners relies upon the judgments passed by the Hon'ble Supreme Court in Nandakumar and another Vs. The State of Kerala and others - 2018(2) RCR (Civil) 899; and Indra Sarma Vs. V.K.V. Sarma' 2013(15) SCC 755.

I have heard the learned counsel for the parties. Article 21 of the Constitution stipulates protection of life and liberty to every citizen and that no person shall be deprived of his life and personal liberty except according to procedure established by law. It is the bounden duty of the State as per the Constitutional obligations cast upon it to protect the life and liberty of every citizen. In view of the above discussion, present petition is disposed of with a direction to respondent No.2 - Superintendent of Police, District Kurukshetra, to decide the representation dated 02.09.2022 (Annexure P4), moved by the petitioners in accordance with law and grant protection to them, if any threat to their life and liberty is perceived. It is made clear that this order shall not be taken to protect the

-3petitioners from legal action for violation of law if any committed by them.

(ASHOK KUMAR VERMA) September 06, 2022 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No