Allowed

Asha Rani and Another v. State of Punjab and Others

Punjab & Haryana HC11 Aug 2023CRWP/7913/2023

Case brief

AI extract

What is this about?

The Court granted temporary protection to petitioners fearing threats to their lives and liberty due to a marriage against the wishes of private respondents. The protection includes movement restrictions within the district for one week followed by day-to-day extension upon request. It is clarified as not being a bail order.

What did the court decide?

Directed concerned police officers to provide protection for one week, subject to movement restrictions within the district, extendable day-to-day upon request.

Asha Rani and Another Vs State… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2023)

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1 2023:PHHC:104364

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CRWP No.7913 of 2023

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103 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRWP No.7913 of 2023

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Date of Decision: 11.08.2023

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Asha Rani and another ...Petitioners

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Versus

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State of Punjab and others …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Ms. Mandeep Kaur, Advocate for Ms. Navneet Kaur Waraich, Advocate for the petitioners.

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Mr. Shiva Khurmi, AAG, Punjab.

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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 petitioners who claim to have married after attaining 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 direction to the State to protect them.

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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 to the private respondents is required.

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If the allegations 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 protection to the petitioners for one week from today. However, if the petitioners no longer require the protection, then at their request it may be discontinued even before the expiry of one week. After that, the concerned officers shall extend the protection on day-to-day analysis of the ground realities or upon the oral or written request of the petitioners.

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This protection is subject to the stringent condition that from the time such protection is given, the petitioner shall not go outside the boundaries of the place of residence, except for medical necessities, to buy household necessities, and for

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ANJU RANI 2023.08.11 16:49 I attest to the accuracy and integrity of this document

2023:PHHC:104364

CRWP No.7913 of 2023

bereavements in the families of the close relatives or close friends. However, petitioner(s) shall be at liberty to shift the residence(s) and if the new place falls within the district, then the protection shall be extended to such place. This restriction saves the petitioner from apprehended risk and ensures that the protection is not flaunted.

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It is clarified that there is no adjudication 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 interrogation of the petitioners is required in any cognizable case. It shall also be open for the petitioner(s) to approach this Court again in case of any fresh threat perception.

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This order shall eclipse after fifteen days from today .

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

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Petition is allowed to the extent mentioned above . All pending applications, if any, stand disposed.

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(ANOOP CHITKARA) JUDGE 11.08.2023 anju rani Whether speaking/reasoned: Yes Whether reportable: No.

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ANJU RANI 2023.08.11 16:49 I attest to the accuracy and integrity of this document

Asha Rani and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Asha Rani and Another 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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