NAINITAL, India, Feb. 24 -- Uttarakhand High Court issued the following judgment/order on JAN. 22:

1. By means of the present writ petition under Article 226 of the Constitution of India, the petitioners seek issuance of a writ in the nature of mandamus commanding and directing respondent nos. 1, 2 and 3 to provide adequate security and protection to the petitioners and to ensure that respondent nos. 4 to 7 do not harass, threaten, or cause any interference in the life and liberty of the petitioners in any manner whatsoever.

2. Heard learned counsel for the petitioners and learned counsel for the State of Uttarakhand.

3. It is submitted that both the petitioners belong to the same faith and are in a consensual love relationship. Pursuant thereto, they intend to solemnize their marriage of their own free will. It is further submitted that the family members of petitioner no. 1 are opposed to the said relationship and proposed marriage and are allegedly extending threats, including threats to their lives. The petitioners submit that they are facing continuous pressure and intimidation and have a genuine and reasonable apprehension of danger to their life and liberty at the hands of the private respondents. In these circumstances, the petitioners have approached this Court seeking protection.

4. The documents placed on record clearly establish that both the petitioners are majors. The petitioners are present in person before this Court and have been duly identified by their respective counsel. Upon interaction with the petitioners, this Court is satisfied that the petitioners are acting voluntarily, of their own free will, and without any coercion, pressure, or undue influence, and that they desire to solemnize their marriage.

5. In view of the above facts and circumstances, and having regard to the law laid down by the Hon'ble Supreme Court in Lata Singh v. State of U.P. and another, (2006) 5 SCC 475, this Court is of the considered opinion that the petitioners have made out a case for protection of their life and personal liberty.

6. Accordingly, the Station House Officer, Police Station Pathri, District Haridwar is directed to assess the threat perception, if any, to the life and liberty of the petitioners and, if such threat is found to exist, to provide necessary and adequate protection to the petitioners in accordance with law. The Station House Officer is further directed to summon the private respondents and any other persons who may be opposing or interfering with the relationship or proposed marriage of the petitioners and to counsel them strictly in accordance with law, ensuring that no coercion, harassment, or unlawful interference is caused to the petitioners.

7. With the aforesaid observations and directions, the writ petition stands disposed of.

8. Pending applications, if any, also stand disposed of accordingly.

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