Shamsher Singh and Another Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2025)

Shamsher Singh and Another Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.2-Senior Superintendent of Police, Tarn Taran, to decide the petitioners' representation dated 30.12.2024 (Annexure P-5) and grant them protection if any threat to their life and liberty is perceived; with clarifications that no immunity from legal action is granted and no opinion is expressed on the validity of the marriage.

Issue for consideration

Whether respondents No.2 to 4 ought to be directed to protect the lives of the petitioners by providing police protection, and to ensure no interference with their life and liberty, the petitioners having performed marriage against the wishes of respondents No.5 and 6. +1 more

Court's answer

Petition disposed of, without evaluating the evidentiary value of the documents on file, with a direction to respondent No.2-Senior Superintendent of Police, Tarn Taran, to decide the petitioners' representation (Annexure P-5) and grant them protection if any threat to their life and liberty is perceived.

Key takeaways

Clarified that the order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed by them.obiter¶23
The order is not to be understood as expressing any opinion whatsoever by this Court on the validity of the marriage of the petitioners; that question is left open.obiter¶23

Detailed headnote1 paragraphs

CRWP-60-2025, decided on January 08, 2025 by the High Court of Punjab and Haryana at Chandigarh (Rajesh Bhardwaj, J., oral): Writ petition under Article 226 of the Constitution of India by Shamsher Singh and another, who performed marriage against the wishes of respondents No.5 and 6 and apprehended danger from them, seeking police protection and non-interference with their life and liberty. Without evaluating the evidentiary value of the documents on file, the Court disposed of the petition, directing respondent No.2-Senior Superintendent of Police, Tarn Taran, to decide the petitioners' representation dated 30.12.2024 (Annexure P-5) and grant them protection if any threat to their life and liberty is perceived. The Court clarified that the order grants no immunity from legal action for violation of law, if any, and expresses no opinion on the validity of the marriage.

CRWP-60-2025

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107

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-60-2025

Date of Decision: January 08, 2025

Shamsher Singh and another

......Petitioners

Versus

State of Punjab and others

......Respondents

CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present: Mr.Jaswinder Rana, Advocate for the petitioners.

RAJESH BHARDWAJ, J.(ORAL)

Present petition has been filed under Article 226 of the Constitution of India for directing respondents No.2 to 4 to protect the lives of the petitioners by providing police protection to them and further a direction be issued to respondents No.3 and 4 not to harass and not let respondents No.5 and 6 or anybody else to interfere with the life and liberty of the petitioners or harass them in any manner against their wishes and to their detriment by using force on them or by adopting unlawful means, as they performed marriage against the wishes of respondents No.5 and 6.

Learned counsel for the petitioners states that both the petitioners are major. Petitioner No.1 was earlier unmarried, however, petitioner No.2 is a divorcee and she has two children from her first marriage, who are now living with her. Both the petitioners have married against the wishes of respondents No.5 and 6 and have sought protection to

their life and liberty. They apprehend danger from respondents No.5 and 6.

MEENU 2025.01.09 13:28 I attest to the accuracy and integrity of this document

CRWP-60-2025 -2-

Their marriage photographs and marriage certificate evidencing their marriage are on record as Annexures P-3 and P-4. The petitioners have submitted a representation, dated 30.12.2024 (Annexure P-5) to respondent No.2.

Notice of motion to respondents No.1 to 3-State only.

On asking of the Court, Mr.Tarun Aggarwal, Sr.DAG, Punjab, who is present in Court, accepts notice on behalf of the respondents/State.

Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of the petition with a direction to respondent No.2-Senior Superintendent of Police, Tarn Taran, to decide the representation (Annexure P-5) of the petitioners and grant them protection, if any threat to their life and liberty is perceived. It is clarified that this order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed by them. This order would not be understood having expressed any opinion whatsoever by this Court on the validity of the marriage of the petitioners.

January 08, 2025 ( RAJESH BHARDWAJ ) meenuss JUDGE 1. Whether speaking/reasoned ? Yes/No 2. Whether reportable ? Yes/No

MEENU 2025.01.09 13:28 I attest to the accuracy and integrity of this document