Married couple sought police protection against threats from family members. Court declined to examine validity of their marriage and disposed of the petition directing them to approach the concerned Nodal Officer for redressal of grievances.
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[2024:RJ-JP:6233]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 39/2024
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Sudhir Jain For Respondent(s) : Mr. Suresh Kumar, PP
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
06/02/2024
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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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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.
“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.”
Petition No.02/2019; Bajrang Lal Sharma Vs. State of 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 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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However, it is made clear that this order will not affect the civil/ criminal proceedings, if any, in the present matter.
stand disposed of.
(SUDESH BANSAL), J
NITIN /106
2 issues framed by the court
Whether the Court should direct official respondents to provide protection to a married couple facing threats from private respondents.
Whether petitioners could directly approach the High Court without first approaching the Nodal Officer under the DG's Circular dated 18.01.2019.
Colour shows how this judgement treated each authority
Navtej Singh Johar Vs. Union of IndiaRelied on¶3
(2018) 10 SCC 1 · Who else cites this
Ritu D/o Shri Ajay Kumar
Vikash Singh S/o Shri Prem Singh
State Of Rajasthan, Through Home Secretary Secretariate, Jaipur
Director General Of Police, Rajasthan
Superintendent Of Police, District Alwar
S.h.o. Police Station Thana Gaji, District Alwar
Sudesh Bansal
As recorded by the court registry
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