Nasrin & Another vs State Of Uttarakhand & Others

Alok Kumar Verma, J

In this writ petition, the petitioners have prayed for the following reliefs:-

“(i) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent nos.1 to 3 to give necessary protection of life and liberty to the petitioners from the respondent nos. 4 to 8 to the writ petition.

(ii) Issue a suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.”

The case of the petitioners is that they are same faith. They are major. They got married on 14.03.2023. Kazi of Khateeb Masjid, Saharanpur has issued the marriage certificate/Nikahnama dated 14.03.2023 (Annexure No.3 to the writ petition). The father and relatives of the father of petitioner no.1, who are private respondent nos.4 to 8, are annoyed with the marriage of the petitioners and they are threatening that they will end the life of the petitioners.

As per the Aadhar Cards of petitioner no.1 and petitioner no.2, annexed to this writ petition, they are major. Petitioners are present in-person before this Court. They have apprised that they have threat perception at the hands of the private respondent nos.4 to 8, who are father, brothers and uncles of petitioner no.1 respectively. Against the said threat, petitioner no.1 has filed a Complaint Case (No.351 of 2023) before the Court of IIIrd Judicial Magistrate, Sultanpur.

According to the petitioners, petitioner no.1 has submitted a representation dated 01.04.2023 before the Senior Superintendent of Police, Haridwar, seeking adequate safety and security for the petitioners, but no action has been taken by the police for protecting the lives of petitioners. Having been left with no other remedy, petitioners have filed the present writ petition.

We do not say anything about the marriage of the petitioners. But it is to be noted that petitioners are major. They are free to marry anyone they like according to law and it is also to be noted that no one can be allowed to take law in their hands.

We hereby dispose of the writ petition by directing the Senior Superintendent of Police, Haridwar, respondent No. 2, to take a decision on the representation of the petitioner no.1 (Annexure No.6) within 30 days from today. The Senior Superintendent of Police, District Haridwar shall take information and intelligence from the concerned Station House Officer during the course of action whether police protection is required or not. In the interregnum, respondent no.3-the Station House Officer, Police Station Roorkee, District Haridwar, shall provide necessary police protection for protecting the lives and liberty of the petitioners.

Interim Relief Application (IA No. 01 of 2023) also stands disposed of.

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