Swaran Rani And Another v. State Of Punjab And Others

Swaran Rani And Another v. State Of Punjab And Others

(High Court Of Punjab And Haryana)

CRWP No. 6040 of 2021 | 02-07-2021

Meenakshi I. Mehta, J. (ORAL)

1. By way of the instant petition, both the petitioners seek the indulgence of this Court for the issuance of a writ in the nature of mandamus directing the official respondents to protect their lives and liberty as they apprehend threat to the same at the hands of respondents No. 4 to 9 because they (petitioners) are living in relationship. It has also been mentioned in this petition that a representation, i.e. Annexure P-3, has already been moved to respondent No. 2 in this regard.

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

3. Ms. Samina Dhir, learned Deputy Advocate General, Punjab, who has joined the proceedings on behalf of respondents No.1 to 3 in this case in pursuance of the copies of this petition having been sent to the respondent-State in advance, accepts the notice on behalf of these respondents.

4. Heard.

5. Learned counsel for the petitioners restricts his prayer to the issuance of a direction to respondent No.2 to take appropriate action on the said representation of the petitioners, i.e. Annexure P-3.

6. Learned State counsel has no objection for the same.

7. It is worth while to mention here that respondent No. 4 happens to be the husband and respondent No. 5 is the mother-in-law of petitioner No.1 whereas respondents No. 6 to 9 are her paternal uncles and cousin brothers.

8. Be that as it may, keeping in view the intent of the fundamental right enshrined in Article 21 of the Constitution of India which ensures the protection of life and liberty to the citizens and keeping in view the afore-discussed limited prayer as made by learned counsel for the petitioners and without commenting or expressing any opinion on the validity and legality of the relationship between the petitioners, respondent No.2 -Senior Superintendent of Police, Fazilka, Punjab, is hereby directed to look into the said representation of the petitioners (Annexure P-3) and if it is found that the petitioners genuinely deserve any protection, then to take appropriate action in accordance with law.

9. It is further clarified that this order shall not be construed to be a shield to the petitioners against any proceedings already initiated or intended/contemplated to be initiated by the competent authority/person on account of their said relationship and permissible under any relevant provisions of law.

10. This petition stands disposed of accordingly.

Advocate List
Bench
  • HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA
Eq Citations
  • LQ/PunjHC/2021/5648
Head Note