Disposed

Khushnuma Daughter of Mohammed Shamim, Wife of Sahid Khan, v. State of Rajasthan

Rajasthan HC15 Feb 2024CRLW/243/2024

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking security and protection for petitioners living together. Relying on constitutional morality, the Court granted liberty to approach the Nodal Officer for grievances but clarified the order does not affect civil or criminal proceedings pending elsewhere.

What did the court decide?

Petition disposed with liberty to approach concerned Nodal Officer for redressal of grievances; Nodal Officer directed to take necessary action after verifying facts.

Khushnuma Daughter of Mohammed… — Constitutional and Fundamental Rights | Rajasthan HC (2024)

¶1

[2024:RJ-JP:7855]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Writ Petition No. 243/2024

¶4

Khushnuma Daughter Of Mohammed Shamim, Wife Of Sahid Khan, Aged About 19 Years, Resident Of Gurnawat, Mewat, Nooh (Haryana) At Present Resident Of Village Pahari, Nagar Palika Bahadurpur, District Alwar (Raj.)

¶5

Sahid Khan Son Of Rustam Khan, Aged About 28 Years, Village Pahari, Nagar Palika Bahadurpur, District Alwar (Raj.)

¶6

----Petitioners

¶7

Versus

¶8

State Of Rajasthan, Through P.p.

¶9

The Director General Of Police, Police Head Quarter, Lal Kothi, Jaipur (Raj.)

¶10

Superintendent Of Police Alwar, District Alwar (Raj.)

¶11

The Station House Officer, Police Station Sadar Alwar, District Alwar (Raj.)

¶12

Mohammed Shamim Son Of Jomkhan, Aged About 52 Years, Resident Of Resident Of Gurnawat, Mewat, Nooh (Haryana)

¶13

Tosif Son Of Mohammed Shamim, Resident Of Resident Of Gurnawat, Mewat, Nooh (Haryana)

¶14

Noman Son Of Bhima, Resident Of Resident Of Gurnawat, Mewat, Nooh (Haryana)

¶15

----Respondents

¶16

For Petitioner(s) : Mr. Shahjahan For Respondent(s) : Mr. Prashant Sharma, PP

¶17

HON'BLE MR. JUSTICE SUDESH BANSAL

¶18

Order

¶19

15/02/2024

¶20

Petitioners have preferred instant petition for issuance of necessary directions to official-respondents to provide adequate security and protection to them on the ground that they are facing grave threat of their life and liberty at the hands of private respondents. Parties are also present in person.

[2024:RJ-JP:7855]

[CRLW-243/2024]

(2 of 4)

It has been submitted that petitioner No.1 is sister in law of petitioner No.2 and since wife of petitioner No.2 has passed away from whom petitioner No.2 is having three children, both petitioners have decided to live together and entered into Nikah for better nourishment of children of petitioner No.2. However, private respondents are not happy with Nikah of petitioners, and they are threatening petitioners for dire consequences.

¶25

Reference has been made to judgment of the Hon’ble Supreme Court, in case of Navtej Singh Johar Vs. Union of India [(2018) 10 SCC 1] , wherein the Supreme Court in relevant paras No.131, 132, 133 and 474 has held thus:

¶26

“131. The duty of the constitutional courts is to adjudge the validity of law on well-established principles, namely, legislative competence or violations of fundamental rights or of any other constitutional provisions. At the same time, it is expected from the courts as the final arbiter of the Constitution to uphold the cherished principles of the Constitution and not to be remotely guided by majoritarian view or popular perception. The Court has to be guided by the conception of constitutional morality and not by the societal morality.

¶27

We may hasten to add here that in the context of the issue at hand, when a penal provision is challenged as being violative of the fundamental rights of a section of the society, notwithstanding the fact whether the said section of the society is a minority or a majority, the magna cum laude and creditable principle of constitutional morality, in a constitutional democracy like ours where the rule of law prevails, must not be allowed to be trampled by obscure notions of social morality which have no legal tenability. The concept of constitutional morality would serve as an aid for the Court to arrive at a just decision which would be in consonance with the constitutional rights of the citizens, howsoever small that fragment of the populace may be. The idea of number, in this context, is meaningless; like zero on the left side of any number.

(3 of 4)

[2024:RJ-JP:7855]

[CRLW-243/2024]

In this regard, we have to telescopically analyse social morality vis-a-vis constitutional morality. It needs no special emphasis to state that whenever the constitutional courts come across a situation of transgression or dereliction in the sphere of fundamental rights, which are also the basic human rights of a section, howsoever small part of the society, then it is for the constitutional courts to ensure, with the aid of judicial engagement and creativity, that constitutional morality prevails over social morality.

¶32

“474. The right to privacy enables an individual to exercise his or her autonomy, away from the glare of societal expectations. The realisation of the human personality is dependent on the autonomy of an individual. In a liberal democracy, recognition of the individual as an autonomous person is an acknowledgment of the State’s respect for the capacity of the individual to make independent choices. The right to privacy may be construed to signify that not only are certain acts no longer immoral, but that there also exists an affirmative moral right to do them.”

¶33

(Emphasis supplied)

¶34

In view of above proposition of law, constitutional rights of petitioners need to be protected in accordance with law.

¶35

During course of arguments, learned Public Prosecutor has drawn attention of this Court to the order dated 04.01.2019 passed by a Coordinate Bench in SB Criminal Miscellaneous Petition No.02/2019; Bajrang Lal Sharma Vs. State of

¶36

Rajasthan , in pursuance of which, a Circular dated 18.01.2019 came to be issued from the Office of Director General of Police, Rajasthan, providing for appointment of Nodal Officer at every Police Station in the State of Rajasthan, for ventilation of grievances of newly married couple, including for adequate protection to them. However, petitioners have not approached

[2024:RJ-JP:7855]

[CRLW-243/2024]

(4 of 4)

before the concerned Nodal Officer for redressal of their grievance and have directly approached this Court by way of present criminal writ petition.

¶41

Learned counsel for petitioners does not dispute the aforesaid contentions made by learned Public Prosecutor.

¶42

This Court in the present writ petition is not inclined to examine legality and validity of the status of parties under which they are living together, however, in view of legal proposition that every citizen has a fundamental right of his/ her life and liberty, this petition is disposed of with liberty to petitioners to approach before the concerned Nodal Officer for ventilation of their grievances. In case, petitioners move any application, it is expected from the concerned Nodal Officer to take necessary action, after verifying the facts, if required.

¶43

However, it is made clear that this order will not affect the civil/ criminal proceedings, if any, in the present matter.

¶44

Stay application and other pending application(s), if any, stand disposed of.

¶45

(SUDESH BANSAL),J

¶46

NITIN /533

Khushnuma Daughter of Mohammed Shamim, Wife of Sahid Khan, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Khushnuma Daughter of Mohammed Shamim, Wife of Sahid Khan, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kallu @ Dharmendra Singh S/O Shri Bhanwar Singh Vs State of Rajasthan

Shrup Khan @ Sarup @ Shahrukh S/O Kala Kha Vs State of Rajasthan

Premchand Raigar S/O Mangal Chand Raigar, Vs State of Rajasthan

Rinku S/O Ashok Kumar Vs State of Rajasthan

Smt. Akanksha Yadav Daughter of Shri Ramlakhan Yadav, Wife of Shri Abhijeet Singh, Vs State of Rajasthan

Tamanna Yadav D/O Balram Yadav W/O Mitbhash Mittal, Vs State of Rajasthan