By Rajesh Pandey
While observing that the couples who marry of their own will against the wishes of their parents cannot claim police protection as a matter of right, unless there is a real threat perception to their life and liberty, the Allahabad High Court noted that while in a deserving case the court can provide security to a couple, but in the absence of any threat perception, such a couple must “learn to support each other and face the society.”
Justice Saurabh Srivastava made this observation while hearing a writ petition filed by Shreya Kesarwani and her husband seeking police protection and a direction for the private respondents not to interfere in their peaceful marital life.
The court, however, after perusing the averments made in their petition, disposed of their writ petition, noting that there was no serious threat perception to the petitioners.
Disposing of the writ petition, the court observed, “There is no requirement of passing any order for providing police protection to them in the light of judgment rendered by the Supreme Court in the case of Lata Singh Vs State of UP and another (AIR 2006 SC 2522), wherein it has been held that he courts are not meant to protect such youths, who have simply fled to marry according to their wishes”.
In its order, the court also observed that there was no material or reasonable basis to conclude that the petitioners’ lives and liberty are in peril.
“There is not even an iota of evidence to evince that private respondents (relatives of either of the petitioners) are likely to cause physical or mental assault to the petitioners,” the court noted.
In addition to it, the court noted that the petitioners had not submitted a specific application, in the form of information, to the concerned police authorities to file any FIR against the alleged illegal conduct of the private respondents.
It further observed that there is no averment in the petition indicating that any action has been taken under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), nor that the police authorities have failed to act on such a request of the petitioners.
However, noting that the petitioners had already submitted a representation to the superintendent of police (SP), Chitrakoot district, the court said, “In case the concerned police finds a real threat perception, it will do the needful by law.”
In this backdrop, the court, while stressing that if any person misbehaves or manhandles them, the courts and police authorities are there to come to their rescue, the court in its decision dated April 4 disposed of the plea, holding that the petitioners cannot claim security as a matter of course or right.