Visha & Another vs State Of Uttarakhand & Others

Alok Kumar Verma, J

Petitioners have filed the present petition under Article 226 of the Constitution of India with the following reliefs:-

“(i) Issue a writ, order or direction in the nature of Mandamus commanding the Respondent Nos. 2 and 3 to provide the adequate protection and security to the petitioners for safeguarding the life and liberty of the petitioners.

(ii) Issue a writ, order or direction in the nature of Mandamus commanding Respondent Nos. 4 to 8 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.”

The case of the petitioners is that they belong to the same faith and caste. They are major. They got married on 19.04.2023 of their own free will and against the will of the private respondent nos.4 to 8.

As per the Certificate-Cum-Marksheets of High School and copy of Aadhar Cards of petitioner nos.1 & 2, annexed to this writ petition, they are major. Petitioners are present in-person before this Court. Petitioners have apprised this Court that they have threat perception at the hands of the private respondent nos.4 to 8, who are father, brother-in-law and cousins of the petitioner no.1 respectively.

According to the petitioners, petitioner no.1 has submitted a representation dated 20.04.2023 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 their lives. Having been left with no other remedy, petitioners have filed the present writ petition.

Petitioners are major. Merely, because the private respondent nos.4 to 8, family members of petitioner no.1, are not agree with the marriage of the petitioners, it does not permit them to take the law in their own 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 petitioners 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, Station House Officer, Police Station Laksar, District Haridwar, the respondent no.3, 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.