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Judgment
Both the petitioners are present in person and identified by their
counsel. They seek protection of their life and liberty by contending
that both of them having attained the age of majority, have married
each other against the wishes of their respective family members
respondent Nos. 4 to 11 and so seek appropriate protection from the
authorities. They submitted a representation (Annexure P-6) in this
regard to the Commissioner of Police, Amritsar dated NIL, but are still
apprehensive about their security in view of the apparent inaction and
alleged clout of their family members/ respondents.
Both of them do appear to have crossed the age of majority as seen
from the copies of documents filed and have married each other, in
support of which photographs (Annexure P-4) and Marriage Certificate
issued by Gurudwara Dashmesh Pita Patshahi Dasvi (Regd.) Village
Singa Devi, Teh. Kharar, District Mohali (Pb)have been placed on
record.
For the aforesaid reasons, this appears to be a fit case for this Court to
invoke the inherent powers under Section 482 of the Cr.P.C. and in
view of the mandate contained in Article 21 of the Constitution of India
to protect the citizen''s right to life and liberty.
Thus, the Commissioner of Police, Amritsar is directed to consider the
representation dated NIL (Annexure P-6) and take appropriate steps to
ensure that no harm is caused to the life and liberty of the petitioners.
It is nevertheless clarified that this order is issued only on the premise
that the petitioners have crossed the age of majority as seen from the
documents placed on record being Birth certificate (Annexure P-1),
Matriculation Certificate (Annexure P-2) and Aadhar Card (Annexure
P-8) of petitioner No.2 and Matriculation Certificate (Annexure P-10)
and petitioner No. 2 has not produced on record a copy of her Aadhar
Card. However, petitioner No.1 has appended an affidavit in support of
her date of birth (Annexure P-9). This would not ipso facto amount to
granting any seal of approval on the legality of their marriage which
essentially would come in the domain of the concerned Matrimonial
Courts. Further, they would not be entitled for any protection against
their arrest or continuance of any criminal proceedings, if otherwise,
found to be involved in commission of any cognizable offence(s).
The petition is disposed off with the above direction.