High Court of Punjab and HaryanaCRWP/9252/2022disposed of

Jasmeen Kaur And ANR. v. State Of Punjab And Others

2022-09-23Mr. Justice Ashok Kumar Verma2 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-9252 of 2022 Date of decision: 23.09.2022 Jasmeen Kaur and another ......Petitioners vs.

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

Present:

Mr. S.S. Thakur, Advocate, for the petitioners. Mr. G.S. Sandhu, Deputy Advocate General, Punjab. ASHOK KUMAR VERMA, J. (ORAL) Through this petition under Article 226 of the Constitution of India, prayer has been made for issuance of a direction to respondents No. 1 to 3 to protect the life and liberty of the petitioners from the hands of respondents No.4 to 7, as they are in live-in relationship against the wishes of private respondents.

Learned counsel for the petitioners submits that the petitioners are living in a constant danger as they have every apprehension that respondents 4 to 7 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 RAVINDER SINGH 2022.09.23 15:20 I attest to the accuracy and authenticity of this order/judgment

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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 - Senior Superintendent of Police, Hoshiarpur, to decide the representation dated 20.09.2022 (Annexure P3), sent through e-mail 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 petitioners from legal action for violation of law if any committed by them.

(ASHOK KUMAR VERMA) September 23, 2022 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2022.09.23 15:20 I attest to the accuracy and authenticity of this order/judgment