Nishu And Another vs State Of Uttarakhand And Others

Ramesh Chandra Khulbe, J

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

“1. To issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to give police protection to the petitioners so that they may spent their marriage life peacefully and liberty of the petitioners may be secured.

To issue a writ order or direction in the nature of mandamus commanding or directing the respondents not to interfere in the peaceful and happy married life of the petitioner no.1 & 2 in any manner.

To issue a writ order or direction in the nature of mandamus commanding or directing the respondents not to proceed against the petitioners in any illegal manner without having any authority.

To issue such other and further writ, order or direction which this Hon’ble Court may deem fit and proper under the circumstances of the case; so that justice be done.”

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 16.08.2022 as per Hindu 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 Haridwar-respondent no.1 for protecting their lives, a copy whereof is annexed as Annexure No.2 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.1 to take a decision on the representation of the petitioners (Annexure No. 2) within 30 days from today. The Senior Superintendent of Police, District Haridwar shall take information and intelligence from the SHO, Police Station-Piran Kaliyar, District Haridwar during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station – Piran Kaliyar, 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. 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.