Sonali & Another vs State Of Uttarakhand & Others

Alok Kumar Verma, J

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

“(i) To issue a writ, order or direction in the nature of mandamus directing and commanding the respondent nos.1 & 2 to provide adequate police protection to the petitioners from the respondent nos.3 to 5 who want to do away with the life of petitioners in the name of family honor.

(ii) Issue any other 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 belong to different faith. Petitioner no.1 is Hindu by religion and petitioner no.2 belongs to Muslim Community. They are major. They want to marry with each other, but, the family members of petitioner no.1 refused to accept this relation. Petitioner no.1 has left her house and now she is residing with petitioner no.2.

As per the Aadhar Card and High School Certificate of petitioner no.1 and Aadhar Card of petitioner no.2, Annexure Nos.1 & 2 to this writ petition, petitioners 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.3 to 5, who are father and brothers of petitioner no.1.

According to the petitioners, they submitted a representation dated 14.03.2023 before the Senior Superintendent of Police, Haridwar, seeking adequate safety and security for themselves, 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 proposed marriage of the petitioners. But it is also to be noted that no one can be allowed to take law in their hands.

In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, Haridwar, respondent No. 1, 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 Station House Officer during the course of action whether police protection is required or not. In the interregnum, respondent no.2-the Station House Officer, Police Station Gangnahar, 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