It was contended by the counsel that the petitioners are living in a constant danger as they have every apprehension that the private respondents would catch them and carry out their threats and might go to the extent of even committing their murder.(File) The Punjab and Haryana High Court while disposing of a protection plea filed by a couple in a live-in-relationship, has observed that mere fact that boy is not of marriageable age, would not deprive the petitioners of their fundamental right as envisaged in the Constitution, being citizens of India.
The petitioner couple, through counsel Advocate Vinay Kumar, while seeking protection of life and liberty at the hands of the private respondents, submitted that the petitioner number 1 – girl is major, but petitioner number 2 – boy, though major, has not attained the marriageable age. They are living together in a live-in relationship.
The counsel submitted that parents of petitioners were informed, but they are issuing threats to the petitioners regarding their live-in relationship. The petitioners have already submitted a representation to respondent Senior Superintendent of Police, Gurdaspur, for redressal of their grievance, but no action has been taken thereupon.
It was contended by the counsel that the petitioners are living in a constant danger as they have every apprehension that the private respondents would catch them and carry out their threats and might go to the extent of even committing their murder. The petitioners are, therefore, running from pillar to posts for protection of their life and liberty.
The Bench of Justice Harnaresh Singh Gill after hearing the matter held that “Article 21 of the Constitution stipulates protection of life and liberty to every citizen and that no person shall be deprived of his life and personal liberty except according to procedure established by law.”
“It is the bounden duty of the State as per the Constitutional obligations cast upon it to protect the life and liberty of every citizen. Mere fact that petitioner No. 2 is not of marriageable age, would not deprive the petitioners of their fundamental right as envisaged in the Constitution, being citizens of India”, observed Justice Gill while directing the SSP Gurdaspur to decide their representation.
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