IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-17698 of 2010 (O&M) Date of Decision: June 24, 2010 Sanjeev Kumar and another. …Petitioners Versus State of Punjab and others. … Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present: Mr. Sandeep Arora, Advocate, for the petitioners. S.D. Anand, J. Crl. Misc. No.31481 of 2010 Allowed, as prayed for. Crl. Misc. No. M-17698 of 2010 The petitioners apply for protection for their life and liberty. Notice of motion. On the asking of the Court, Ms. Rajni Gupta, Additional Advocate General, Punjab and Mr. S.S. Goripuria, Deputy Advocate General, Haryana, accept notice on behalf of the State of Punjab and Haryana respectively. The petitioners belong to the category of those persons who fall for each other and tie the knot, without their respective parents being in the know of the factum thereof. Both the petitioners are majors. Petitioner No.1 is aged 24 years; while the date of birth of petitioner No.2 is Crl. Misc. No.M-17698 of 2010 26.02.1989. This fact-based position is documented by certifications (Annexure P/1 and P/2, respectively). The former is a copy of ration card; while the latter is a 5th standard certificate issued by SCERT (of the Education Department of the State of Punjab). It is, thus, evident that both the petitioners had attained majority by 14.06.2010 i.e. the date on which they entered matrimony. The issue, focussed in this petition, is the apprehension in the mind of the petitioners that the indicated non-official respondents, who are none else or other than their close relations otherwise, would cause hurt to them on coming to know of the marriage entered into by the petitioners without their consent. The learned counsel for the petitioners stresses the urgency and the requirement of the grant of protection by averring that there have been a large number of instances all around the country wherein hurt (fatalistic or otherwise) had been caused to the couple or one of them. It is argued that the petitioners having once entered into the matrimonial ties, must get protection at the hands of the official respondents. The learned State Counsel appearing on behalf of the States of Punjab and Haryana, in a chord of concurrence, state that the factum of the parties having entered into matrimony notwithstanding, the couples are unmindful of the extent of hurt their act has caused to the psyche of their 2 Crl. Misc. No.M-17698 of 2010 parental relations and further that their act is likely to send wrong signals to people of their age group. The repetition of such instances, the learned counsel proceed to assert, might ultimately hurt the moral psyche of the society at large which derives essential sustenance from customs which are, all the time, aimed at maintaining morality and peace in the society. Having said that, the learned State counsel assure the Court that the Investigating Agencies would be instructed to expedite investigation in such cases and in case the finding recorded is against the person(s), complained-against, filing of challan too shall be done without any delay. In a touch of fairness, they also assure that the State shall also render all possible assistance in concluding trials of the indicated category. The matter is already engaging consideration of all segments of dispensation and it can be safely hoped that a solution, acceptable to all concerned and capable of remedying the apparent malaise, would emerge. In view of the stance indicated on behalf of the States of Punjab and Haryana, it is hereby directed that all the Subordinate Courts in Punjab, Haryana and Union Territory, Chandigarh, shall conclude the trial of all such cases within three months of the filing of the challan. The according of ordered priority would be absolutely in accord with the constitutional mandate of a speedy trial. 3 Crl. Misc. No.M-17698 of 2010 The petition is disposed of with a direction that respondent Nos.2 and 3 (Commissioner of Police, Jalandhar and S.H.O., Police Station Jalandhar Cantt, respectively) shall ensure that the petitioners shall have the similar constitutional protection which is available to all the citizens of the country under Article 21 of the Constitution of India. The reiteration of that obvious constitutional guarantee would not be inferred to be an expression of opinion on the merits of the averments in the course of the petition qua the factum/validity of their matrimonial alliance. A copy of the order shall be forwarded to the DGP, Punjab, who shall forward it forthwith to the Police Chief of the District who, in turn, shall notify it to the SHO concerned. The matter shall be duly noticed by the Police Post concerned as well in the Roznamcha. All the aforementioned quarters shall be duty bound to comply with the order of this Court. The orders shall be faxed to the concerned quarters for immediate compliance. Disposed of accordingly. Copy of the order be given to the learned State counsel under the signatures of the Special Secretary of this Court. June 24, 2010 ( S.D. Anand ) vkd Judge 4 Crl. Misc. No.M-17698 of 2010 5