Madhopur. vs State Of Rajasthan, Through Secretary, Home

Judgment

1. State Of Rajasthan, Through Secretary, Home Department, Govt. Of Rajasthan, Secretariat, Jaipur.

4. Superintendent Of Police, Sawai Madhopur. S.h.o. Bonli, District Sawai Madhopur.

4. Vishnu Son Of Kaluram Gurjar (Brother Of Petitioner No. 1), R/o Village Harbhawata, Tehsil Niwai, District Tonk.

5. Bhagwan Sahay Son Of Hari Singh (Relative Of Petitioner No. 1), R/o Village Harbhawata, Tehsil Niwai, District Tonk.

6. Heeralal Son Of Unknown (Relative Of Petitioner No. 1), R/o Village Harbhawata, Tehsil Niwai, District Tonk.

7. Dayaram Son Of Unknown (Relative Of Petitioner No. 1), R/o Village Harbhawata, Tehsil Niwai, District Tonk.

8. Saroj Son Of Rajaram (Relative Of Petitioner No. 1), R/o Village Harbhawata, Tehsil Niwai, District Tonk.

9. Rajveer Son Of Ambalal (Relative Of Petitioner No. 1), R/o Village Harbhawata, Tehsil Niwai, District Tonk.

10. Pappu Son Of Ganpat (Relative Of Petitioner No. 1), R/o Village Harbhawata, Tehsil Niwai, District Tonk. ----Respondents For Petitioner(s)

: Ms. Kripa Kumari Gurjar For Respondent(s) : Mr. Vijay Singh Yadav, Public Prosecutor [2025:RJ-JP:3675] (2 of 5) [CRLW-22/2025] HON'BLE MR. JUSTICE GANESH RAM MEENA Order 24/01/2025

1. This writ petition has been filed by the petitioners with a prayer to issue directions to the respondents- State and Superintendent of Police, Sawaimadhopur and also to the SHO, Police Station Bonli, District Sawaimadhopur to provide protection to them as they are receiving threats from the private respondent Nos.4 to 10.

2. Learned counsel for the petitioners submitted that the petitioners are major and the date of birth of petitioner No.1- Neelu Gurjar is 11.03.2005 and the date of birth of petitioner No.2- Viri Singh Gurjar is 01.04.2000. Counsel further submitted that both the petitioners are known to each other and they decided to marry with each other. Counsel further submitted that both the petitioners have solemnized marriage at Arya Samaj, Jhotwara, Jaipur and thereafter their marriage was got registered with the Marriage Registration Authority which issued the Marriage Registration Certificate on 13.12.2024 (Annexure-3). Counsel also submitted that since both the petitioners solemnized marriage with each other on their own sweet will against the wishes of their parents, the parents of petitioner No.1 are threatening both the petitioners of their life and liberty.

3. Counsel for the petitioners further submitted that prior to approaching this Court, the petitioners have already submitted representation by registered post to the respondent authorities on

20.12.2024.

4. Per Contra, learned Public Prosecutor submitted that the respondent authorities who are under obligation to care of the life [2025:RJ-JP:3675] (3 of 5) [CRLW-22/2025] and liberty of the petitioners have proceeded to take full measures for securing life and liberty of the petitioners.

5. The Hon'ble Apex Court has issued certain directions for protection of married couples/persons in relationship in the order passed in case of Prakash Singh and others vs. Union of India and others reported in (2006) 8 SCC 1.

6. The Coordinate Bench of this Court in S.B. Criminal Writ Petition No.792/2024; Suman Meena & Anr. vs. State of Rajasthan & Ors. considered the dictum in the case of Prakash Singh (supra) and observed as under: “30.8. The State Government is directed to ensure that the existing procedures and mechanisms for the consideration and disposal of representations for enhanced police protection are brought in compliance with the directions stipulated in paragraphs 30.1 to 30.5.1 as well as 30.7 of this judgment, through the promulgation of the appropriate ‘Standard Operating Procedure’ (SoP). This Court clarifies that the aforementioned SoP shall specify, inter alia, the details of the online mechanism as specified in paragraph 30.1 of this judgment, as well as certain Whatsapp/ helpline numbers and a designated email ID where the respective persons who apprehend a threat to their safety may register their grievances. The State Government shall ensure that the aforementioned online mechanism and Whatsapp/helpline numbers and email ID are effective and functional at all times, and are accessible to the respective persons who apprehend a threat to their safety. Further, the aforementioned SoP shall specify the contact numbers and details of the designated Nodal Officers. The State Government shall ensure that the aforementioned SoP is accessible to the police officers and visitors at every police station, and is publicised widely to the extent possible through publication in newspapers, on the appropriate social media handles etc.

31. Before parting with the instant case, this Court clarifies that the constitutional guarantees under Articles 14 and 21 may require the implementation of measures for enhanced police protection in the case of persons/groups, other than couples, who assert their [2025:RJ-JP:3675] (4 of 5) [CRLW-22/2025] personal autonomy in defiance of the existing social structures, and thus apprehend extra-legal threats to their lives and liberty. For instance, such protection may be required in the case of women who face threats of extra-legal violence from their family members, on account of their choice not to solemnize marriage at the family’s behest. Such protection may also be required in the case of the persons, especially senior citizens, who refuse to concede to the extra-legal monetary demands made by the dominant political/social actors in the locality. This Court clarifies that the directions and procedure specified in paragraphs 30 to 30.8 of this judgment would apply mutatis mutandis to the representations/complaints filed before the respective authorities by applicant(s) other than couples, qua the apprehended threats to the applicant(s)’ lives and liberty.”

7. It is well settled legal position as expounded by the Hon'ble Supreme Court in the cases of Lata Singh Vs. State of UP, reported in AIR 2006 SC 2522, S. Khushboo Vs. Kanniammal, reported in (2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in (2013) 15 SCC 755 and Shafin Jahan Vs. Asokan KM reported in (2018) 16 SCC 368 that the life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of the Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.

8. The Coordinate Bench of this Court in the case of Manish Kumar & Anr. vs. State of Rajasthan & Ors. in S.B. Criminal Writ Petition No.2011/2024 after considering the observations and directions passed in case of Suman Meena (supra) has observed as under: “5. Considering the arguments put forward by the learned counsel for the petitioners and looking to the fact that the petitioners have already submitted appropriate [2025:RJ-JP:3675] (5 of 5) [CRLW-22/2025] representation/application seeking protection before the Nodal Officer as well as concerned Station House Officer, it is expected from the officers concerned to look into the matter in terms of the directions issued by this Court in the case of Suman Meena (supra) and ensure that after analyzing the threat perceptions, if necessitated, may pass necessary orders to provide adequate security and protection to the petitioners.”

9. Taking into consideration the factual matrix of the case and the submissions made by counsel for the petitioners and the discussions made above, this Court deems just and proper to issue directions to the respondent authorities to consider the representation (Annexure-5) submitted by the petitioners to the Superintendent of Police, Sawaimadhopur and the SHO, Police Station Bonli, District Sawaimadhopur so as to provide Police protection to them and to ensure that no harm is caused to their life and liberty.

10. The present writ petition is disposed of accordingly.

11. It is made clear that this order shall not prejudice/affect any other legal proceedings initiated between the parties. Satyendra/51 (GANESH RAM MEENA),J