Bhawna And Another vs State Of Punjab And Others

Anoop Chitkara, J

Fearing for their lives and liberty at the hands of the private respondents, the petitioners , who claim to have married aŌer aƩaining the permissible age for marriage, against the wishes of the private respondents, have come up before this Court by invoking their fundamental rights of life guaranteed under Article 21 of the Constitution of India, seeking direcƟon to the State to protect them.

Notices served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices s to the private respondents is required

If the allegaƟons of apprehension of threat to their lives turn out to be true, it might lead to an irreversible loss. Thus, in the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protecƟon to the petitioners for one week from today. However, if the petitioners no longer require the protecƟon, then at their request it may be disconƟnued even before the expiry of one week. AŌer that, the concerned officers shall extend the protecƟon on day-to-day analysis of the ground realiƟes or upon the oral or wriƩen request of the petitioners .

This protecƟon is subject to the stringent condiƟon that from the Ɵme such protecƟon is given, the petitioners shall not go outside the boundaries of the place of residence, except for medical necessiƟes, to buy household necessiƟes, and for bereavements in the families of the close relaƟves or close friends. However, peƟƟoner(s) shall be at liberty to shiŌ the residence(s) and if the new place falls within the district, then the protecƟon shall be extended to such place. This restricƟon saves the petitioners from apprehended risk and ensures that the protecƟon is not flaunted.

It is clarified that there is no adjudicaƟon on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not come in the way if the interrogaƟon of the petitioners is required in any cognizable case. It shall also be open for the peƟƟoner(s) to approach this Court again in case of any fresh threat percepƟon.

This order shall eclipse aŌer fiŌeen days from today.

There would be no need for a cerƟfied copy of this order, and any Advocate for the Petitioners and State can download this order and other relevant parƟculars from the official web page of this court and aƩest it to be a true copy. The concerned officer can also verify its authenƟcity and may download and use the downloaded copy for immediate use

Petition is allowed to the extent menƟoned above. All pending applicaƟons, if any, stand disposed.