Anita Rani And ANR v. State Of Punjab And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: 03.12.2024 Anita Rani and another ...PeƟƟoners
Versus
State of Punjab and others
...Respondents
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Manish Gilhotra, Advocate for the peƟƟoners.
Ms. SwaƟ Batra, D.A.G., Punjab.
Mr. Digvijay Nagpal, Advocate for respondents No.4 and 5.
**** ANOOP CHITKARA, J.
Apprehending threat to their lives and liberty at the hands of the private respondents, the peƟƟoners, who claim to be in live-in relaƟonship, aŌer crossing eighteen years of age, 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 from the private respondents. 2.
NoƟces served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of noƟces to the private respondents is required 3.
Counsel appearing for private respondents No.4 and 5 submits that there is no threat to life of the peƟƟoners from the hands of private respondents and in fact they want to meet their daughter-peƟƟoner No.1. 4.
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.
5.
The protecƟon is subject to the stringent condiƟon that from the Ɵme such protecƟon is given, the peƟƟoners shall refrain from aƩending parƟes, bars, picnics or any area that may pose a risk to their life. The SHO should send police officer(s) to peƟƟoners' home to assess the required level of security. Once the assessment is done, the officer should provide adequate security without the peƟƟoners having to contact them.
6.
It is clarified that if the peƟƟoners visit any disputed place and the security officer become aware of it, they should advise the peƟƟoners to avoid going there. If the peƟƟoners sƟll insist on going, the officer has the right to return to the police staƟon due to peƟƟoners' defiance of the order. 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.
Keeping in view the statement made by counsel for respondents No.4 and 5 and considering the natural love and affecƟon of the parents, they are permiƩed to meet their daughter on 05.12.2024 from 11 am to 12 pm. Parents of peƟƟoner No.1 shall visit Shri Krishna Mandir, Mandi Harji Ram, Malout, District Sri Muktsar Sahib to meet their daughter. At the Ɵme of meeƟng, peƟƟoner No.2 shall not be present there and in case, he wants to meet parents of peƟƟoner No.1, he may meet aŌer the aforesaid meeƟng and he must be respecƞul towards parents of peƟƟoner No.1 and shall behave in extremely respecƞul manner. He is further directed not to cause any humiliaƟon. State to depute two female officer dressed in civil aƫre who shall accompany the peƟƟoners at the Ɵme of their visit at the meeƟng place and shall ensure their safety. During their visit, respondents No.4 & 5 shall not threaten or induce or insƟgate peƟƟoners. Counsel for respondents No. 4 and 5 may accompany them during
such visit. It is clarified that protecƟon officer deputed for the protecƟon of peƟƟoners shall also coordinate with the parents and allow the meeƟng aŌer due frisking and shall guard the meeƟng place Ɵll the end of meeƟng and shall ensure protecƟon of both the parƟes.
9.
This order shall eclipse aŌer fiŌeen days from today. 10.
There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoner 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 03.12.2024 JyoƟ Sharma Whether speaking/reasoned:
Yes Whether reportable:
No.