Disposed

Mamata Jakhar W/O Prahlad Jat D/O Shivram Jakhar, v. State of Rajasthan

Rajasthan HC14 Feb 2024CRLW/245/2024

Case brief

AI extract

What is this about?

In a criminal writ petition seeking protection against threats from family members regarding their marriage, the Court referred to constitutional morality principles. It disposed of the petition by directing petitioners to approach the concerned Nodal Officer for grievance ventilation, clarifying this order does not affect pending civil or criminal proceedings.

What did the court decide?

Petition disposed of with liberty to approach the concerned Nodal Officer; order does not affect pending civil/criminal proceedings.

Mamata Jakhar W/O Prahlad Jat D/O… — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JP:7658]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 245/2024

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Mamata Jakhar W/o Prahlad Jat D/o Shivram Jakhar, Aged About 19 Years, Residents Of - Leswa Ki Dhani ,deeppura,mandha Bhim, District Jaipur At Present Residence Of-Kumawato Ka Mohalla, Kazipura ,phulera(Hq Sambhar )District Jaipur

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Prahlad Jat S/o Madan Lal Jat, Aged About 21 Years, -

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Residence Of Kumawato Ka Mohalla, Kazipura,phulera(Hq Sambhar )District Jaipur

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----Petitioners

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Versus

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State Of Rajasthan, Through Secretary, Department Of Home Affairs, And Justice, Secretariat Rajasthan, Jaipur.

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Suprintendent Of Police, Suprintendent Of Police, Jaipur Rural

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Station House Officer, Police Station - Kishangarh Renewal, District Jaipur Rural

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Station House Officer, Police Station - Sambhar Lake, District Jaipur Rural

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Shivram Jakhar S/o Govindram Jakhar, Resident Of - Leswa Ki Dhani ,deeppura,mandha Bhim, District Jaipur

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Ramkuwar Jakhar S/o Govindram Jakhar, Resident Of - Leswa Ki Dhani ,deeppura,mandha Bhim, District Jaipur

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Mohan Jhajhada S/o Boduram, Residence Of Mundawara, District Deedwana Kuchaman

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Ramdhan Jhajhada S/o Boduram, Residence Of Mundawara, District Deedwana Kuchaman

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----Respondents

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For Petitioner(s) : Mr. Rakesh Chandal for Mr. Dinesh Pareek For Respondent(s) : Mr. Atul Sharma, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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14/02/2024

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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:7658]

[CRLW-245/2024]

(2 of 4)

Counsel for petitioners submits that both petitioners are major and have entered into lawful and valid marriage with their free will and volition, the relevant documents in respect of their age and certificate of marriage have been placed on record, however, private respondents are not happy with their marriage, and they are threatening petitioners for dire consequences. Hence, the instant petition.

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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:

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“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.

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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:7658]

[CRLW-245/2024]

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.

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“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.”

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(Emphasis supplied)

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In view of above proposition of law, constitutional rights of petitioners need to be protected in accordance with law. 4. 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

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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

(4 of 4)

[2024:RJ-JP:7658]

[CRLW-245/2024]

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

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

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This Court in the present writ petition is not inclined to examine legality and validity of the status of parties under which they have entered into marriage, 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.

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

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

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(SUDESH BANSAL),J

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RONAK/620

Mamata Jakhar W/O Prahlad Jat D/O Shivram Jakhar, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mamata Jakhar W/O Prahlad Jat D/O Shivram Jakhar, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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