High Court of Punjab and HaryanaCRWP/11006/2020disposed of

Dilshad Akhtar And Another v. State Of Punjab And Others

2020-12-31Mr. Justice Jasgurpreet Singh Puri2 pages

CRWP-11006-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRWP-11006-2020 Date of Decision: 31.12.2020 Dilshad Akhtar and another ....Petitioners

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present :

Mr. Imran Farooqi, Advocate, for the petitioners.

Through Video Conferencing JASGURPREET SINGH PURI , J. (Oral) This petition has been filed under Articles 226/227 of the Constitution of India with a prayer to protect the life and liberty of the petitioners at the hands of the private respondent Nos.5 to 10. The learned counsel for the petitioner has submitted that the petitioners are living in a live-in relationship and they intend to marry each other. He has further submitted that the petitioner No.1 is already married and his earlier marriage has not been dissolved but under the Muslim Law, the husband can have upto four wives even during the subsistence of the earlier marriage.

He has further submitted that the scope of the present petition is confined only for the grant of protection of life and liberty to the petitioners because in case the direction is not granted then the private respondents may even kill the petitioners in this regard. Notice of motion to respondent Nos.1 to 4 only. On asking of the Court, Mr. Harpreet Singh Multani, Assistant VIRENDRA SINGH ADHIKARI 2021.01.

CRWP-11006-2020 -2Advocate General, Punjab, who is present in the Court, accepts notice on behalf of respondent Nos.1 to 4 and submits that he has no objection in case, the petition can be disposed of with a direction to respondent No.2-Senior Superintendent of Police, Sangrur (Punjab) to look into the representation (Annexure P-3) filed by the petitioners and proceed further in accordance with law.

I have heard the learned counsel for the parties. The petitioners had moved a representation (Annexure P-3) to the Senior Superintendent of Police, Sangrur, on the ground that they have apprehension that the private respondents would kill them. Accordingly, the present petition is disposed of with a direction to respondent No.2-Senior Superintendent of Police, Sangrur, to look into the representation (Annexure P-3) given by the petitioners and to take further measures, if so required, in accordance with law.

However, it is made clear that the scope of the present directions issued in this petition are confined only for the protection of life and liberty of the petitioners and does not, in any way, reflect anything on the relationship between the petitioners interse. (JASGURPREET SINGH PURI) 31.12.2020 JUDGE adhikari Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes/No VIRENDRA SINGH ADHIKARI 2021.01.01 20:36 I attest to the accuracy and integrity of this document