Punjab and Haryana High Court to examine if denial of protection to runaway couple violates rights

Saurabh Malik

Tribune News Service

Chandigarh, April 7

A Division Bench of the Punjab and Haryana HC has made clear its intent to examine whether a single judge’s refusal to grant protection to a runaway couple amounted to violation of their fundamental rights to life and liberty.

As an appeal filed by the couple against the single judge’s order came up for preliminary hearing, the Bench of Justice Rajan Gupta and Justice Karamjit Singh was told that their fundamental rights under the Constitution stood violated after their prayer for protection of lives and liberty was rejected by the single Bench.

Their counsel submitted that the protection of life and liberty was of importance and Article 21 of the Constitution was enacted for this purpose. He said the rejection of their prayer may put the lives of both the appellants to danger in the absence of legal redressal.

The Bench said: “We deem it appropriate to seek assistance of the (Punjab) state counsel as well… He shall assist the court on the issues involved in this appeal,” the Bench said. The matter was placed before the Bench after the single judge observed that the representation filed by the petitioners did not reach the police authorities. The petitioners filed the plea on the same day and “no time was given to the authority for redressal of their grievance”.

The single Bench said the representation submitted by the petitioners to the police also did not reveal the manner and mode of alleged threat to them. The court does not find it to be a fit case for exercise of extraordinary writ jurisdiction. 

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