Sanju And Another vs State Of Uttarakhand And Others

R.C. Khulbe, J

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

“i. Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2 & 3 to provide the adequate security to the life and liberty of the petitioners.

ii. issue a writ, order or direction in the nature of mandamus commanding respondent No. 4 to 7, not to interfere in the personal life and liberty of the petitioners.

iii. issue or pass any other and further order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

iv. Award the cost of the writ petition in favour of the petitioners.”

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 09.11.2022 as per Hindu customs at Arya Samaj Mandir, Roorkee, District Haridwar and on the very same day, they got the same registered in the Office of the Registrar, Compulsory Registration of Marriages, Roorkee-II, Haridwar, Uttarakhand (Copy of the marriage certificate is annexed as Annexure No. 2 to the writ petition).

The learned counsel for the petitioners submits that the petitioners have already made a representation on 10.11.2022 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.

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 petitioners (Annexure No. 3) within 30 days from today. The Senior Superintendent of Police, District Haridwar shall take information and intelligence from the concerned SHO during the course of action whether further police protection is required or not. 2

In the interregnum, the SHO, Police Station Piran Kaliyar, District Haridwar-respondent no. 3 shall provide necessary police protection for protecting the lives and liberty of the petitioners.

In sequel thereto, pending application, if any, also stands disposed of.

Let a free copy of this order be immediately handed over to Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand, for early compliance.

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