Sudesh Kumari and anothers Vs. State of Punjab and others
Criminal - Constitution - Constitution of India, 1950, art. 21 - Code of Criminal Procedure, 1973, s. 482 - Protection to life and liberty - Direction - Maintainability - Petitioners filed petition u/s. 482 CrPC and sought protection to their life and liberty - Petitioners claimed that their marriage was legal - Respondents were not accepting the marriage of petitioners alleging it to be against the social norms - Petitioners were apprehending imminent danger to their life and liberty from respondents - Hence instant petition - Whether protection sought by petitioners to their life and liberty could be granted - Held, HC was of the considered opinion that instant was a fit case for exercising the inherent jurisdiction u/s. 482 CrPC - Art. 21 of the Constitution protects the most precious right of every citizen, it being the right to life - In view of the constitutional mandate and the law laid down by SC in Maneka Gandhi v. Union of India, 1978 Indlaw SC 212 - Petitioners were entitled to seek the protection to their life and liberty - It was also equally important to note that freedom of the individual was not absolute but subject to the established and time tested social norms of a civilised society - Co-existence of freedom of the individual and social control was sine-qua-non for the sustainable progress of the society and that was also the integral part of our constitutional philosophy - Respondent No. 2 was directed to consider the representation dt. 2-6-2013 and issue necessary orders, as warranted by law, so as to ensure that no harm was caused to the life and liberty of petitioners at the hands of private respondents - Petition disposed of.
