Factual Matrix
In the Matter Ramandeep Kaur v. State of Haryana a petition asking the State to act in defence of a couple who claimed to have wed after reaching legal age by using the basic right to life protected by Article 21 of the Indian Constitution. On July 15, 2023, the present case was registered and given an urgent listing. The petitioners alleged that against the preferences of the private respondents, they had wed after reaching the legal marriage age. The couple requested instructions from the Court to the State to safeguard them because they feared for their life and freedom at the hands of private respondents.
Observation of the Court
The petitioner couple’s protection was extended for one week with minor restrictions by the single-judge bench of the Punjab and Haryana High Court, led by Justice Anoop Chitkara.
The Court stated that if the petitioners’ claims that they believed their lives were in danger were confirmed, it may result in an irreparable loss. In light of these particular facts and circumstances, the Court decided that the responsible police officer should give the petitioners the necessary protection for a week. The petitioners may ask for the protection to be terminated even before the week has passed if they no longer need it. The order shall expire fifteen days after the date of the order, as stated by the court. The Court additionally ordered the officers in question to prolong the petitioners’ protection based on a daily assessment of the situation on the ground or in response to an oral or written request from the petitioners.
The Court made it clear that the issue was not decided on the merits and that the immediate decision was not a blanket bail in any First Information Report and did not prevent the petitioners from being questioned as needed in any case containing a cognizable offence. The Court also left it open for the parties to approach it with any new threats they may have perceived.
CASE NAME – Ramandeep Kaur v. State of Haryana, Criminal Writ Petition No. 7040 of 2023