Allowed

Jasnoor Kaur and Anr. v. State of Punjab and Others

Punjab & Haryana HC8 Dec 2023CRWP/11870/2023

Case brief

AI extract

What is this about?

Petitioners invoked Article 21 fearing for their lives after defying family wishes regarding marriage. The Court directed the police to provide temporary protection for 1-2 weeks, contingent on them remaining within residence boundaries, without adjudicating merits or granting bail.

What did the court decide?

Protection directed to be provided by police for one to two weeks, subject to residence restrictions.

Jasnoor Kaur and Anr. Vs State… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2023)

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CRWP No. 11870 of 2023

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2023:PHHC:156948

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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111 CRWP No.11870 of 2023 Date of Decision: 08.12.2023

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Jasnoor Kaur and another

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...Pe��oner

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Versus

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State of Punjab and others …Respondent

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Arvind K. Sharma, Advocate for the pe��oners.

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Ms. Swa� Batra, D.A.G., Punjab. (Through video conferencing).

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ANOOP CHITKARA, J.

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Fearing for their lives and liberty at the hands of the private respondents, the pe��oners, who claim to have married a.er a/aining 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 Ar�cle 21 of the Cons�tu�on of India, seeking direc�on to the State to protect them.

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No�ces 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 no�ces to the private respondents is required

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If the allega�ons 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 protec�on to the pe��oners for one week from today. However, if the pe��oners no longer require the protec�on, then at their request it may be discon�nued even before the expiry of one week. A.er that, the concerned officers shall extend the protec�on on day-to-day analysis of the ground reali�es or upon the oral or wri/en request of the pe��oners.

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This protec�on is subject to the stringent condi�on that from the �me such protec�on is given, the pe��oner shall not go outside the boundaries of the place of residence, except for medical necessi�es, to buy household necessi�es, and for bereavements in the families of the close rela�ves or close friends. However,

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JYOTI 2023.12.08 12:09 I attest to the accuracy and integrity of this order/judgment.

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CRWP No. 11870 of 2023

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2023:PHHC:156948

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pe��oner(s) shall be at liberty to shi. the residence(s) and if the new place falls within the district, then the protec�on shall be extended to such place. This restric�on saves the pe��oner from apprehended risk and ensures that the protec�on is not flaunted.

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It is clarified that there is no adjudica�on 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 interroga�on of the pe��oners is required in any cognizable case. It shall also be open for the pe��oner(s) to approach this Court again in case of any fresh threat percep�on.

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6. This order shall eclipse a�er f�een days from todayi .

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There would be no need for a cer�fied copy of this order, and any Advocate for the Pe��oner and State can download this order and other relevant par�culars from the official web page of this court and a�est it to be a true copy. The concerned officer can also verify its authen�city and may download and use the downloaded copy for immediate use.

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Pe//on is allowed to the extent men/oned above . All pending applica�ons, if any, stand disposed.

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(ANOOP CHITKARA) JUDGE 08.12.2023 Jyo�-II Whether speaking/reasoned: Yes Whether reportable: No.

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JYOTI 2023.12.08 12:09 I attest to the accuracy and integrity of this order/judgment.

Jasnoor Kaur and Anr. v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Jasnoor Kaur and Anr. v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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