Gulbahar And Another vs State Of Uttarakhand And Others

Ramesh Chandra Khulbe, J

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

(a) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 & 3 to ensure protection of life and liberty of both the petitioners from respondent nos.4 to 14.

(b) Pass such further orders or directions as this Hon'ble Court deem fit and proper in the facts and circumstances of the present 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 have solemnized their marriage on 15.10.2022 as per Muslim rites and rituals (Nikahnama is enclosed as Annexure-2). The learned counsel for the petitioners submits that the petitioner no.2 has already made a representation before the Senior Superintendent of Police, District Haridwar- 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 Haridwar - respondent no. 2 to take a decision on the representation of the petitioner (Annexure No.3) within 30 days from today. The Senior Superintendent of Police, District Haridwar shall take information and intelligence from the SHO, Police Station Kotwali Manglore, District Haridwar during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station Kotwali Manglore, District Haridwar 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. Rakesh Joshi, the learned Brief Holder 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.