Allowed

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

Punjab & Haryana HC13 Dec 2023CRWP/11996/2023

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana directed the police to provide temporary protection to petitioners, who married against family wishes and fear threats, prohibiting them from leaving their residence except for specific necessities for a limited period.

What did the court decide?

Direction to provide police protection to petitioners for one week with restrictions on movement except for medical, household necessities, and bereavements.

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

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CRWP No.11996 of 2023

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2023:PHHC:159338

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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116

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CRWP No. 11996 of 2023 Date of Decision: 13.12.2023

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Manpreet Kaur and another

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...Pe��oners

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Versus

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State of Punjab and others

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…Respondents

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Krishan Kanha, 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��oners 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, pe��oner(s) shall be at liberty to shi, the residence(s) and if the new place falls within

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JYOTI 2023.12.13 15:09 I attest to the accuracy and integrity of this order/judgment.

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CRWP No.11996 of 2023

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2023:PHHC:159338

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the district, then the protec�on shall be extended to such place. This restric�on saves the pe��oners 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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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��oners 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

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13.12.2023 Jyo�-II

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Whether speaking/reasoned: Yes Whether reportable: No.

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JYOTI 2023.12.13 15:09 I attest to the accuracy and integrity of this order/judgment.

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

Case brief

What is this about?

What did the court decide?

Manpreet 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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