Saurabh Malik
Tribune News Service
Chandigarh, September 9
The life and liberty of any person approaching the court with an apprehension has to be taken care of and protection is required to be provided in accordance with law. The court, while dealing with the protection plea, need not go into other aspects such as registration of a criminal case. In case it was registered against any of the parties, the law should take its own course, the Punjab and Haryana High Court has ruled.
The ruling by Bench of Justices Augustine George Masih and Ashok Kumar Verma came on an appeal filed by a couple against a single Bench order, vide which their plea was dismissed with Rs 1 lakh costs. The single Judge observed the petition was nothing but a ploy to seek “a seal of this court” regarding lustful and adulterous life of woman-petitioner with the other petitioner and the court could not be a party to the same. The man’s arguments that he had a right to perform second marriage under Muslim Law was misconceived as the court, instead of taking an academic view, was more concerned about the welfare of two minor girls as it was clear that he had intentionally failed to maintain them and his first wife.
Appearing before the Division Bench, the counsel for the appellants stated their only prayer before the court was for protection of their life and liberty and they had nothing to say with regard “to the aspect of criminal cases registered against them, for which the law will take its own course and the appellants would avail of the remedy accordingly.
Taking up the matter, the Bench asserted the aspect it was considering and dealing with was regarding the threat to the life and liberty to the appellants as claimed. No person could be permitted or allowed to take law in his hands. As such, the appeal was being disposed of by directing Malerkotla SSP to take into consideration a representation submitted by the appellants. He was also asked to take appropriate steps in accordance with law for ensuring that the life and liberty of the appellants was not jeopardised at the hands of the private respondents, if some substance was found in the representation.
Directions issued
The court, while dealing with the protection plea, need not go into other aspects such as registration of a criminal case. In case it was registered against any of the parties, the law should take its own course, the Punjab and Haryana High Court has ruled.
Life, liberty of litigants must be protected: Punjab and Haryana HC
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