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Shamsher Singh And Another v. State Of Punjab And Others

Shamsher Singh And Another v. State Of Punjab And Others

(High Court Of Punjab And Haryana)

CRWP-3707-2022 | 22-04-2022

VINOD S. BHARDWAJ , J.

1. The petitioners namely Shamsher Singh and Roman Kaur have approached this Court under Article 226 of the Constitution of India for seeking protection of their lives and personal liberty from private respondents No.4 to 9.

2. The contention of the petitioners is that both are major, aged 21 years and 18 years respectively. In support thereof, copy of the Aadhaar Cards pertaining to the petitioners have been appended. The petitioners further contend that they have performed marrige against the wishes of their parents. The marriage of the petitioners was solemnized on 20.04.2022 at Mandir situated in Mansa Devi Complex, District Panchkula as per Hindu rites and rituals. A copy of Marriage Certificate (Annexure P-3) issued by the aforesaid Mandir has also been appended. The petitioners apprehend threat to their lives and claim that there is a constant danger of being implicated in a false case.

3. Notice of motion restricted to respondents No.1 to 3 only.

4. Pursuant to supply of advance copy, Mr. Karanbir Singh, AAG, Punjab has appeared and accepted notice on behalf of respondents No.1 to 3.

5. Learned counsel for the petitioners states that a representation dated 20.04.2022 (Annexure P-4) has also been submitted by the petitioners to the respondent No.2-Commissioner of Police, District Amritsar, Punjab.

6. Learned State counsel has no objection if appropriate direction for providing requisite protection to the petitioners is given.

7. Without examining the question of legality and validity of the marriage and expressing any opinion thereon, the petition is disposed of with the directions to respondent No.2-Commissioner of Police, District Amritsar, Punjab to look into the grievances of the petitioners as set out in the petition and also expressed in the representation (Annexure P-4) and take appropriate action for protection of their lives and liberty as may be warranted by the circumstances.

8. However, it is clarified that in case any criminal case has been/is registered against the petitioners nothing in this order shall be construed as a bar for taking appropriate action by the police authorities in respect thereof in accordance with law.

9. The Registry is directed to send a copy of this order along with copy of the petition and above-said representation to respondent No.2- Commissioner of Police, District Amritsar, Punjab for requisite compliance.

10. The petition is disposed of.

Advocate List

  • Mr. Amandeep Singh Gulati, Advocate for the petitioners.

  • Mr. Karanbir Singh, AAG, Punjab

Bench
  • HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Eq Citations
  • NON-REPORTABLE
  • LQ/PunjHC/2022/7711
Head Note

A. Constitution of India — Arts. 21 and 226 — Protection of life and liberty — Threat to life and liberty of petitioners — Marriage of petitioners solemnised against wishes of their parents — Petitioners apprehending threat to their lives and claiming that there is a constant danger of being implicated in a false case — Without examining question of legality and validity of marriage and expressing any opinion thereon, petition disposed of with directions to respondent No. 2-Commissioner of Police, District Amritsar, Punjab to look into grievances of petitioners and take appropriate action for protection of their lives and liberty as may be warranted by circumstances — However, clarified that in case any criminal case has been/is registered against petitioners nothing in this order shall be construed as a bar for taking appropriate action by police authorities in respect thereof in accordance with law (Paras 7 to 9)