Shamsher Singh And Another Vs State Of Punjab And Others

High Court Of Punjab And Haryana At Chandigarh 24 Aug 2023 Criminal Writ Petition No. 8343 Of 2023 (2023) 08 P&H CK 0084
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Writ Petition No. 8343 Of 2023

Hon'ble Bench

Anoop Chitkara, J

Advocates

Sham Lal Saha, Shiva Khurmi

Final Decision

Allowed

Acts Referred
  • Constitution Of India, 1950 - Article 21

Judgement Text

Translate:

Anoop Chitkara, J

1. Fearing for their lives and liberty at the hands of the private respondents, the petititoner s, who claim to have married after attaining 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 Article 21 of the Constitution of India, seeking direction to the State to protect them.

2. Notices 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. 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 petititoner s for one week from today. However, if the petitioners.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 petitioners.

4. This protecƟon is subject to the stringent condiƟon that from the Ɵme such protecƟon is given, the petititoner 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, petititoner (s) shall be at liberty to shiŌ the residence(s) and if the new place falls within the district, then the protecƟon shall be extended to such place. This restricƟon saves the petitioners from apprehended risk and ensures that the protecƟon is not flaunted.

5. 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 petititoner s is required in any cognizable case. It shall also be open for the petititoner (s) to approach this Court again in case of any fresh threat percepƟon.

6. This order shall eclipse after fifteen days from today.

7. There would be no need for a cerƟfied copy of this order, and any Advocate for the Petititoner 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 authenticity and may download and use the downloaded copy for immediate use.

Petition is allowed to the extent menƟoned above. All pending applications, if any, stand disposed.

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