Punjab-Haryana High Court
Kamaljit Kaur And Another vs State Of Punjab And Others on 17 July, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:088953
CRWP-6635-2024 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Sr. No.106 CRWP-6635-2024 (O&M)
Date of decision : 17.07.2024
Kamaljit Kaur and another ..... Petitioners
VERSUS
State of Punjab and others ..... Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. G.S. Randhawa, Advocate, for the petitioners.
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KIRTI SINGH, J. (Oral)
1. This petition has been filed under Article 226 of the Constitution of India for issuance of a direction to the official respondents No.1 to 3 for the protection of the life and liberty of the petitioners from the private respondents No.4 to 6.
2. The date of birth of petitioner No.1 is 02.09.1995 and she is more than 29 years of age and for the said purpose, reference has been made to the Aadhar Card (Annexure P1). The date of birth of petitioner No.2 is 19.07.1981 and he is 43 years of old. A true copy of the Aadhar Card of petitioner No.2 is attached herewith as (Annexure P2). Petitioner No.1 was previously married with one Sukhwinder Singh and out of said wedlock one male child was born and petitioner No.2 is unmarried. It is stated that the petitioners are major and now are in a live in relationship.
3. Learned counsel for the petitioners has placed reliance on the judgments passed by this Court in CRWP-4521-2021 titled as Pardeep Singh and another Vs. State of Haryana and others decided on 18.05.2021 and CRWP-4905-2024 titled as Yadwinder Singh and another Vs. State of Punjab and others decided on 24.05.2024. He has also relied 1 of 4 ::: Downloaded on - 24-07-2024 01:54:48 ::: Neutral Citation No:=2024:PHHC:088953 CRWP-6635-2024 (O&M) 2 upon the order dated 02.11.2021 passed by the Coordinate Bench of this Court in CRWP-10411-2021 titled as Amandeep Kaur and another Vs. State of Punjab and others as per which in a case where one of the petitioner was married and was living in with another person, other than the spouse, this Court had granted protection to the petitioners. He has further submitted that the petitioners had presented a representation dated 09.07.2024 (Annexure P3) to respondent No.2 and would be satisfied in case respondent No.2 is directed to look into the said representation and after considering the threat perception to the petitioners to take appropriate action.
4. Notice of motion to respondents No.1 to 3 only.
5. At the asking of the Court, Mr. J.S. Dhaliwal, AAG, Punjab accepts notice on behalf of the respondents No.1 to 3-State and has stated that he has no objection in case respondent No.2 is directed to look into the representation of the petitioners on the aspect of threat perception and to take appropriate action. Counsel for the petitioners is directed to supply a copy of the complete paper book to the learned State counsel.
6. Heard.
7. With respect to the aspect of the petitioners not being divorced, it is relevant to refer to a judgment of Division Bench of this Court dated 03.09.2021 passed in LPA-769-2021 titled as Ishrat Bano and another Vs. State of Punjab and others. Ishrat Bano (petitioner therein) had filed CRWP-7903-2021 which was dismissed by the learned Single Judge of this Court primarily on the ground that the divorce documents presented by the petitioner were one sided documents and thus, it appeared that the divorce was not legal. The mater was taken up in appeal and the Division Bench of this Court vide judgment dated 03.09.2021 passed in LPA-769-2021 titled 2 of 4 ::: Downloaded on - 24-07-2024 01:54:48 ::: Neutral Citation No:=2024:PHHC:088953 CRWP-6635-2024 (O&M) 3 as Ishrat Bano and another Vs. State of Punjab and others had held as under:-
"The aspect which we are considering and dealing with is with regard to the threat to the life and liberty to the appellants as has been asserted by them. No doubt, in case a criminal case is registered against any of the parties, the law should take its own course, however, the life and liberty of any person who has approached the Court with such a grievance need to be taken care of and the protection be provided as permissible in law. No person can be permitted or allowed to take law in his hands and therefore, keeping in view the said aspect, we dispose of the present appeal by observing that the Senior Superintendent of Police, Maler Kotla, shall take into consideration the representation dated 17.08.2021 (Annexure P-5) submitted by the appellants and if some substance is found therein, take appropriate steps in accordance with law to ensure that the life and liberty is not jeopardized of the appellants at the hands of the private respondents. This direction shall not be construed in any manner to restrain the official respondents to proceed against the appellants in case there is some criminal case registered against them. The law shall take its own course and it shall be open to the authorities/investigating agency to proceed against the appellants, if required in law and in accordance thereto."
8. Thus, the Division Bench after considering the aspect of the protection of the life and liberty and without getting into the issue as to 3 of 4 ::: Downloaded on - 24-07-2024 01:54:48 ::: Neutral Citation No:=2024:PHHC:088953 CRWP-6635-2024 (O&M) 4 whether the relationship between the parties are legal or not, even in spite of the fact that there was a criminal case registered against the parties, however, granted them protection.
9. In view of the same, it goes without saying 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.
10. Keeping in view the abovesaid facts and circumstances and without commenting upon the legality of the relationship between the petitioners or expressing any opinion on the merits of the case, this Court deems it appropriate to dispose of the present petition with a direction to respondent no.2 to consider the representation dated 09.07.2024 (Annexure P3) and to assess the threat perception to the petitioners and after considering the same to take appropriate action in accordance with law.
11. Accordingly, the petition stands disposed of with abovesaid directions. It is, however, clarified that this order shall not debar the State and/or any person aggrieved from proceeding against the petitioners for violation of any law or if they are involved in any other case.
Pending miscellaneous application(s), if any, also stands disposed of.
(KIRTI SINGH)
JUDGE
17.07.2024
Ramandeep Singh
Whether speaking / reasoned Yes/No
Whether Reportable Yes/No
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