Special Leave Petition Appeals against a Single Judge's order denying police protection. The Bench held the State has a duty to protect life and liberty when citizens choose partners, preferring to err on the safer side.
No specific relief granted in this order as the matter was disposed of by directing petitioners to approach the Commissioner of Police.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 55/2022
----Appellants
Versus
----Respondents
| For Appellant(s), | : | Mr. Ankit Choudhary |
|---|---|---|
| through V.C. | ||
| For Respondent(s) | : | Mr. Karan Singh Rajpurohit, AAG with Mr. Rajat Arora |
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order
01/02/2022
The petitioners had filed the writ petition seeking police protection at their residence and place of work. According to the petitioners, they had got married on 18.12.2021. However, this marriage is not approved by their relatives. Fearing harm to them, they had filed the said petition. The petition was disposed of by the learned Single Judge principally on the ground that there
(2 of 2)
[SAW-55/2022]
is no threat perception and there is no evidence to show that the relatives of the petitioner No.1 are likely to cause any harm or injury to the petitioners.
The State has a duty to protect the life and liberty of the citizens. The petitioners as adult citizens have a right to choose their partners. When the question of life and liberty comes, we would prefer to err on safer side.
Under the circumstances, the petitioners would approach the Commissioner of Police, Jodhpur with a copy of this order. It would be the duty of the said authority to ensure the safety and security of the petitioners, for which purpose he may take such suitable measures as found necessary.
With these observations, the appeal is disposed of.
(MADAN GOPAL VYAS),J (AKIL KURESHI),CJ
200-MohitTak/-
1 issue framed by the court
Whether the appellants are entitled to police protection at their residence and place of work given the threat apprehended from unapproved marriage relatives?
Shobha W/o Kishana Ram
Kishana Ram S/o Shri Rupa Ram
State Of Rajasthan
Akil Kureshi
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
