State Must Protect Citizens Facing Threat To Life Regardless Of Relationship Legality: Punjab & Haryana HC
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Safeguarding fundamental personal freedoms, the High Court has directed police authorities to ensure the protection of individuals facing threats to their life and liberty regardless of the legal validity or social sanctity of their relationship.
A single-judge bench comprising Justice Manisha Batra was dealing with a criminal writ petition filed under Article 226 of the Constitution of India seeking protection of life and liberty against family members opposing an inter-personal relationship.
Key Takeaways
Right To Protection Unconditional: State authorities must protect individuals from physical harm and threats regardless of judicial adjudication on the legality of their relationship.
Procedural Scrutiny By Police: Law enforcement officers are mandated to independently evaluate genuine threats and take appropriate preventive steps.
No Legal Immunity Granted: Orders granting personal safety protection do not shield individuals from statutory or legal action if laws are violated.
Evaluating the grievance of the petitioners apprehending harm from family relatives, the Court emphasized that constitutional protections of life and liberty remain paramount. The Court has the following directions:
"disposed of with a direction to the respondent No.2-Senior Superintendent of Police, District Patiala to look into the matter and dispose of the representation dated 24.08.2026 (Annexure P-3) in accordance with law and also to take necessary step, if any, genuine threat to life and liberty of the petitioners is found."
The Court, in its reasoning, observed: "...without going into the question of legality of their relationship as well as without entering upon an exercise to evaluate the veracity of the averments made in the petition and also with regard to the sanctity of relationship or age of the petitioners, this petition is disposed of..."
Clarifying the scope of immunity, the Court highlighted: "It is made clear that this order shall not be taken to protect the petitioners from legal action for violation of law, if any, committed by them."
Ratio
The constitutional duty of the State to protect the life and personal liberty of individuals under threat operates independently of any judicial determination regarding the legal validity, social sanctity, or statutory compliance of the relationship between the parties.
Background
The petitioners, claiming to be adults who are in love and living together, approached the High Court seeking a writ of mandamus to direct official respondents to protect their life and liberty. Petitioner No.1 alleged severe threats to her life from her parents and relatives due to opposition to her relationship, prompting her to leave her home. Facing imminent danger, the petitioners submitted a representation dated August 24, 2026, to the Senior Superintendent of Police, District Patiala. Alleging inaction on the representation, they filed the present writ petition before the High Court. The Court disposed of the petition with specific directions to police authorities to evaluate and act on the genuine threat without adjudicating the relationship's legal merits.
Case Details:
Case No.: CRWP-10414-2026 (O&M)
Neutral Citation: 2026:PHHC 121170
Case Title: IRAM AND ANOTHER V. STATE OF PUNJAB AND OTHERS
Appearances:
For the Petitioner(s): Mr. Nikhil Bhatia, Advocate
For the Respondent(s): Ms. Ruchika Sabherwal, Senior DAG, Punjab
Source: 2026 CaseBase(PNH) 16654
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