Shiwani And Another vs State Of Uttarakhand And Others

Vipin Sanghi, CJ

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

“(a) Issue a writ order or direction in the nature of mandamus directing the respondents No.1 & 2 to provide adequate protection to the petitioners from respondent no.3, so that they may live peaceful life.

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

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 09.06.2022 as per Hindu customs (Copy of the marriage certificate is annexed as Annexure No. 3 to the writ petition). The learned counsel for the petitioners submits that the petitioners have already made a representation on 04.07.2022 before the Senior Superintendent of Police, District Haridwar- respondent no. 1 for protecting their lives, a copy whereof is annexed as Annexure No. 4 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. 4) 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. In the interregnum, the SHO, Police Station Laksar, District Haridwar-respondent no. 2 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.