Hon'ble court granted protection to two major petitioners facing life threats due to an inter-community marriage, directing the SHO to provide security for six weeks based on Lata Singh case law.
Directed SHO to provide protection to petitioners for six weeks; to assess threat perception after eight weeks.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| WPCRL No. 586 of 2024 Hon’ble Man oj Ku m ar Tiw ar i, J. Hon’ble Pan k aj Pu r oh it , J. |
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| (1) Mr. Anoop Jaiswal, learned counsel for the petitioners. (2) Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand. (3) Petitioners have approached this Court for protection. According to them, they belong to different community i.e. petitioner no. 1 is Hindu, while petitioner no. 2 is Sikh. They were in love and they got married on 07.05.2023 at Haridwar against the wish of parents & family members of petitioner no. 1, due to which they are facing threat to their life. Certificate of Registration of marriage issued by Marriage Registration Officer, Swar, District Rampur is enclosed as annexure no. 4 to the writ petition. |
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| (4) As per documents enclosed with the writ petition, both the petitioners are major. Both petitioners are personally present before the Court who are duly identified by their learned counsel Mr. Anoop Jaiswal. We have also interacted with them. |
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| (5) Petitioner no. 2 stated that he is serving as Hindi Teacher in a private school known as Genius Global Academy, Bazpur, District Udham Singh Nagar and he is also discharging duties of NCC Officer in the said school. Petitioner no. 1 stated that she is also serving as Teacher in Adarsh Kanya College,Bazpur,where she is teaching |
| Hindi & Sanskrit. Both the petitioners stated that they are postgraduate. |
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| (6) Since both the petitioners are major and they are living together with their own free will, hence in view of the law laid down by Hon’ble Apex Court in the case of_Lata_ Singh Vs. State of U.P. and Another; 2006 _(5) SCC 475,_we are inclined to grant protection to the petitioners. |
| (7) Accordingly, the present writ petition is disposed of with direction to the Station House Officer, P.S. Gadarpur, District Udham Singh Nagar to provide protection to the petitioners for a period of six weeks and ensure that no harm is caused to them during this period. Upon expiry of eight weeks, concerned SHO shall make |
| assessment of threat perception to the petitioners, and provide protection to them, if needed, for such further period, as is felt necessary. |
| (8) Let a certified copy of this order be supplied to learned counsel for the petitioners, today itself, as per rules. |
| ( Pan k aj Pu r oh it , J.) ( Man oj Ku m ar Tiw ar i, J.) 07.06.2024 Aswal |
2 issues framed by the court
Whether protection should be granted to married petitioners facing threats to their life due to inter-community marriage.
Whether the petitioners are entitled to protection order under the law laid down by Lata Singh case.
Colour shows how this judgement treated each authority
Private individuals
State of Uttarakhand
Manoj Kumar Tewari
Pankaj Purohit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
