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2020 DIGILAW 1574 (PNJ)

Harpreet Kaur v. State Of Punjab

2020-08-26

SANJAY KUMAR

body2020
JUDGMENT Sanjay Kumar, J. (Oral). - CRM-W-751-2020 1. Application is ordered and the hearing of the main case is advanced to today from 8.9.2020. CRM-W-752-2020 2. Implead application is ordered and the amended memo of parties is taken on record. CRWP-1389-2020 3. The petitioners are both majors. They filed their Aadhar Cards in proof of their dates of birth. They claim to be in a live-in relationship and apprehend threat to their lives and liberty from the unofficial respondents. The petition discloses that both the petitioners were married earlier but chose to live away from their spouses. In any event, it is not for this Court to enter into the validity or the desirability of the petitioners' relationship in the context of their prayer in this petition. 4. The limited question that arises for consideration in this case is whether the State would be under a duty to protect the lives and liberty of the petitioners from any threat from their relations. The answer to this question has to be in an emphatic affirmative. The State would have to take all necessary measures to ensure maintenance of law and order in the society, which would include protection of the lives and liberty of the petitioners from any threat emanating from the unofficial respondents. 5. As this Court does not propose to go into the merits of the allegations made by the petitioners against the unofficial respondents, there is no necessity to afford them an opportunity of hearing. The petitioners' representation dated 5.2.2020 (Annexure P-3) is pending consideration before the Senior Superintendent of Police, Moga, District Moga, the second respondent, and it would suffice if the same is acted upon as per due procedure. 6. The writ petition is accordingly disposed of directing the Senior Superintendent of Police, Moga, District Moga, to take appropriate action, as warranted and in accordance with law, upon the representation dated 5.2.2020 (Annexure P-3), and to extend adequate protection to the lives and liberty of the petitioners, if necessary. It shall be open to the police authorities concerned to verify and confirm the identity of the petitioners and their claim. 7. It is made clear that this Court has not gone into the validity or legality of the relationship of the petitioners and this order shall not be construed as this Court's approval of the said relationship or certification of its validity. 7. It is made clear that this Court has not gone into the validity or legality of the relationship of the petitioners and this order shall not be construed as this Court's approval of the said relationship or certification of its validity. No order as to costs.