Under article 226 of the Indian Constitution, The threat perception of the petitioners must be assed by the SHO – High Court of Punjab and Haryana

 on 26 09 CRWP 9185 2021 1 IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARHCRWP 9185 2021 Date of Decision: 24.09.2021Safina Begum and another ....Petitioner(s)VersusThe State of U.T Chandigarh and others .....Respondent(s)CORAM:HON’BLE MR. JUSTICE JASGURPREET SINGH PURIPresent:Mr. Kuldeep Singh Advocate for the petitioners. Through Video ConferencingJASGURPREET SINGH PURI J.The present petition has been filed under Article 226 of theConstitution of India with a prayer for issuance of writ in the nature ofMandamus seeking protection of life and liberty of the petitioners.The learned counsel for the petitioners has submitted that boththe petitioners are major and the petitioner No.1is 30 years of ageand was earlier married to somebody else but the marriage has since beendissolved by divorce as stated in para No.3 of the petition. He submittedthat the petitioner No.1 and petitioner No.2 are in a live in relationship.He submitted that there is an imminent threat at the hands of the privaterespondents because they are objecting to the relationship. He submitted thatsince both the petitioners are adults they have right to choose the place oftheir living and person with whom they want to live. He further submitted on 26 09 CRWP 9185 2021 2 that the scope of the present petition is only pertaining to the protection oflife to the petitioners. Notice of motion to respondent Nos. 1 to 3. Mr. Shashank Bhandari learned Additional Public Prosecutor U.T Chandigarh has caused appearance on behalf of the aforesaidrespondents and has submitted that in fact the police has got enquired fromthe place of residence which has been stated in the memo of parties and itwas found that the petitioners are not residing at the place which has beenmentioned in the memo of parties and therefore it will not be possible forfurther processing with the enquiry. Mr. Kuldeep Singh learned counsel for the petitioner hassubmitted that in view of the threat from the private respondents it is justpossible that the petitioners are wandering around. He however submittedthat both the petitioners will appear before the concerned SHO at Sector 36 Police Station immediately and get their statements recorded and has prayedthat protection be granted to them.I have heard the learned counsel for the parties.The scope of the present petition is pertaining only to the extentof grant of protection to the life of the petitioners. It however does notreflect anything with regard to the relationship of the petitioner inter se.In view of the statement made by the learned counsel for thepetitioners the petitioners may appear before the concerned SHO of Section36 Police Station and in the event of their doing so the concerned SHOshall assess the threat perception of the petitioners and in case so required then shall take appropriate steps for the protection of the life of thepetitioners. on 26 09 CRWP 9185 2021 3 It is made further clear that the scope of the petition is only tothe extent of protection of the life of the petitioners and it will not be deemedto be any kind of impediment for taking any other action against thepetitioner if otherwise it is so required under the law.The present petition stands disposed of.24.09.2021 (JASGURPREET SINGH PURI)rakesh JUDGEWhether speaking:Yes NoWhether reportable:Yes No 

Summary: Under article 226 of the Indian Constitution, The threat perception of the petitioners must be assed by the SHO – High Court of Punjab and Haryana. The petitioner has filed for a petition seeking writ in the nature of Mandamus with regard to the protection of life and liberty of the petitioners under Article 226 of the constitution of India, which “empowers the high courts to issue, to any person or authority, including the government (in appropriate cases), directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warrant, certiorari or any of them.” In the High Court of Punjab and Haryana at Chandigarh, this judgement was given by HONORABLE MR JUSTICE JASGURPREET SINGH PURI on the 24th of September 2021 in the case of SAFINA BEGUM AND ANOTHER VERSUS THE STATE OF U.T CHANDIGARH AND OTHERS [CRIMINAL WRIT PETITION-9185-2021 The brief facts of the case are as follows, petitioner no.1 who is a girl 30 years of age was earlier married to somebody else however this marriage was dissolved by divorce. Petitioner no.1 is currently in a live-in-relationship with petitioner no.2 and they have been receiving threats from private respondents as they do not approve of their relationship. The counsel representing the petitioners held that since both the parties are adults, they have the right to decent right from wrong and they have the right to reside according to their convenience and also have the right to live with whom they want to live with. The present petitioner has been filed only with regard to the protection of life to the petitioners which is their fundamental right under article 21 of the Indian constitution. The Additional Public Prosecutor, U.T, Chandigarh appeared on behalf of the respondents and held that the police have already enquired about the place of residence of the petitioners which is also on record, it was transpired that the petitioners were actually not residing at that place and therefore without further investigation and enquiry no legal action can be taken. The counsel representing the petitioner submitted that the reason the residing place of the petitioners is not constant is due to the threat posed by the private respondents and that’s why the petitioner has been wandering around. The counsel further submitted that the petitioner without fail will appear before the concerned SHO at Sector-36, Police Station immediately and get their statements recorded. Therefore, the counsel prays that protection is granted to them. The Honorable Court held that “this petition is only regarding the protection of the life of the petitioners and nothing to do with regard to the relationship of the petitioners. The Court further stated that “the petitioners may appear before the concerned SHO (Station House Officer) of Section 36 and concluded that .It is made further clear that the scope of the petition is only to the extent of protection of the life of the petitioners and it will not be deemed to be any kind of impediment for taking any other action against the petitioner if otherwise, it is so required under the law. The present petition stands disposed of”