Aszad And Another vs State Of Uttarakhand And Others

Ramesh Chandra Khulbe, J

1) In this petition, petitioners have prayed for the following relief(s): -

“(i) issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 and 3 to provide the adequate security to the life and liberty of the petitioners.

(ii) issue a writ, order or direction in the nature of mandamus commanding respondents not to interfere in the personal life and liberty of the petitioners.

(iii) issue or pass any other and further order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

2) In the present case, both the petitioners belong to the same faith and are major. Both the petitioners were in love and they wanted to marry each other, so they left the house and have solemnized their marriage on 05.07.2022 as per Muslim rites and rituals. The learned counsel for the petitioners submits that the petitioners have already made a representation on 16.08.2022 before the Senior Superintendent of Police, District Dehradun-respondent no.2 for protecting their lives, a copy whereof is annexed as Annexure No.3 to this Writ Petition, but nothing has been done as yet. Having been left with no other remedy, the petitioners have filed the present Writ Petition.

3) In that view of the matter, we hereby dispose of the Writ Petition by directing the Senior Superintendent of Police, District Dehradun- respondent no. 2 to take a decision on the representation of the petitioners (Annexure No. 3) within 30 days from today. The Senior Superintendent of Police, District Dehradun shall take information and intelligence from the SHO, Police Station-Vikasnagar, District Dehradun during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station - Vikasnagar, District Dehradun shall provide necessary police protection for protecting the lives and liberty of the petitioners.

4) Let a free copy of this order be immediately handed over to Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand, for early compliance.

5) The Writ Petition is, hereby, disposed of.

6) In sequel thereto, all pending applications stand disposed of.

7) Urgent copy of this order be supplied to the learned counsel for the parties during the course of the day, as per Rules.