Mohd. Azeem And ANR v. Ut Of Chandigarh And ORS

CRWP-11138-2024 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Sr. No.108 CRWP-11138-2024 (O&M) Date of decision : 20.11.2024 Mohd. Azeem and another ..... Petitioners

VERSUS

State of UT Chandigarh and others ..... Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. A.S. Gulati , Advocate for the petitioners. ***** KIRTI SINGH, J. (Oral) This petition has been filed for seeking a direction to the official respondents to protect the life and liberty of the petitioners from the hands of private respondents (arrayed in the petition) as they are living in a live-in-relationship and are under eminent threat at the hands of respondents No.4 & 5.

2.

Learned counsel for the petitioners submits that both the petitioners are major and are in a live-in-relationship against the wishes of respondents No.4 & 5 and they apprehend danger at the hands of private respondents No.4 & 5. They have placed on record the copy of Aadhar cards (Annexures P-1 and P-2) to substantiate their claim. The petitioners have also submitted a representation dated 16.11.2024 (Annexure P-3) to respondent No.2 but till date no action thereupon has been taken. He further submits that the petitioners will be satisfied if appropriate direction is given to respondent No.2 to consider and dispose of the aforesaid representation in accordance with law in an expeditious manner.

CRWP-11138-2024 (O&M) 2 3.

Notice of motion to the official respondents only. 4.

Ms. Vasundhra Dalal, APP, UT Chandigarh, who is present in Court, accepts notice for the official respondents and submits that the aforesaid representation will be disposed of in an expeditious manner in accordance with law. Learned counsel for the petitioners is directed to supply a copy of complete paper book to the learned counsel appearing for the State during the course of the day.

5.

Considering the limited prayer made by learned counsel for the petitioners and keeping in view that the protection of life and liberty is a fundamental right emanating out of Article 21 of the Constitution of India and the scope of the present petition is only regarding protection of life and liberty of the petitioners, this Court is of the opinion that ends of justice would meet if an appropriate direction is issued to the competent authority to consider and decide the aforesaid representation of the petitioner(s) expeditiously.

6.

Accordingly, without commenting upon the validity of relationship between the petitioners and entering upon an exercise to evaluate the evidentiary value of the documents placed on the record, the present petition is disposed of with a direction to respondent No.2 to decide the representation dated 16.11.2024 (Annexure P3) of the petitioners within a period of one week from the date of receipt of a certified copy of this order and grant them protection, if there is any threat to their life and liberty. 7.

However, it is made clear that this order may not be construed as expression of an opinion with regard to the age of the petitioners and on

CRWP-11138-2024 (O&M) 3 legality and validity of the relationship of the petitioners in any civil or criminal proceedings nor the petitioners would be entitled for any protection against their arrest or continuance of any criminal proceedings against them, if otherwise, found to be involved in commission of any cognizable offence(s).

Pending miscellaneous application(s), if any, also stands disposed of. (KIRTI SINGH) JUDGE 20.11.2024 Ramandeep Singh Whether speaking / reasoned Yes/No Whether Reportable Yes/No