Jwala and Another Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

Jwala and Another Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed to the extent mentioned: one-week police protection by concerned SP/SHO or delegated officer, extendable day-to-day or upon petitioners' request and subject to behavioural conditions; order lapses after fifteen days; all pending applications, if any, stand disposed.

Issue for consideration

Whether the petitioners, apprehending threat to their lives and liberty at the hands of private respondents on account of their live-in relationship after attaining majority, are entitled to a direction to the State to protect them.

Court's answer

The concerned Superintendent of Police, SHO, or any officer to whom such powers have been delegated or authorized, to provide appropriate protection to the petitioners for one week from the date of the order; thereafter protection to be extended on day-to-day analysis of ground realities or upon oral or written request of the petitioners, and may be discontinued earlier at their request.

Ratio / Principle

Protection is subject to the stringent condition that petitioners refrain from attending parties, bars, picnics or any area posing a risk to their life; the SHO should send police officer(s) to assess the required level of security and thereafter provide adequate security without petitioners having to contact them.

Key takeaways

If petitioners visit any disputed place and the security officer becomes aware of it, the officer should advise them to avoid going there.ratio¶¶18
If petitioners still insist on going to a disputed place despite advice, the security officer has the right to return to the police station on account of petitioners' defiance of the order.ratio¶¶18
Express clarification: there is no adjudication on merits and this order is not a blanket bail in any FIR.ratio

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Anoop Chitkara, J., oral), CRWP-3379-2025, decided 04.04.2025: Allowed a criminal writ petition by petitioners ('JWALA AND ANR.') who claimed to be in a live-in relationship after attaining majority and apprehended threat to their lives and liberty from private respondents, invoking Article 21 of the Constitution. Directed the concerned Superintendent of Police/SHO or authorised delegate to provide protection for one week from the date of the order, extendable thereafter on day-to-day assessment of ground realities or upon the petitioners' request, subject to conditions (no parties, bars, picnics or risky areas; officers to assess security proactively; officer may withdraw if petitioners defy advice regarding disputed places). Expressly clarified: no adjudication on merits; not a blanket bail in any FIR; does not obstruct interrogation in any cognizable case. Order to 'eclipse' after fifteen days, whereupon the PSO is withdrawn; any further security lies at the SSP's own discretion, not pursuant to this order. Petition allowed to the extent mentioned; pending applications disposed.