Gurleen Kaur And Anr vs State Of Punjab And Others

Vinod S. Bhardwaj , J

The petitioners namely Gurleen Kaur and Lakhveer Singh have approached this Court under Article 226 of the Constitution of India for seeking protection of their lives and personal liberty from private respondent.

The contention of the petitioners is that both are major, aged 19 years and 22 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 16.06.2022 at Gurudwara Dashmesh Pita Patshahi Dasvi (Regd.) Village Singha Devi, Tehsil Kharar, District Mohali as per Sikh rites and rituals. A copy of Marriage Certificate (Annexure P-4) issued by the aforesaid Gurudwara 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.

Notice of motion restricted to respondents No.1 to 3 only. Pursuant to supply of advance copy, Ms. Amarjit Kaur Khurana, DAG, Punjab has appeared and accepted notice on behalf of respondents No.1 to 3.

Learned counsel for the petitioners states that a representation dated 16.06.2022 (Annexure P-5) has also been submitted by the petitioners to the respondent No.2-Senior Superintendent of Police, Patiala.

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

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-Senior Superintendent of Police, Patiala to look into the grievances of the petitioners as set out in the petition and also expressed in the representation (Annexure P-5) and take appropriate action for protection of their lives and liberty as may be warranted by the circumstances.

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.