Protection Plea: Rajasthan High Court Permits Police To Charge Married Couple If It Has Adequate Income

Essentially, the petitioners got married on 22.03.2022. However, this marriage was not approved by their relatives and respondents No. 4 to 14 and fearing them, they had filed a petition seeking police protection at their residence and place of work.

The court asked the petitioners to approach the Commissioner of Police/Superintendent of Police and added that it would be the duty of the said authority to ensure the safety and security of the petitioners, for which he may take such suitable measures as found necessary in accordance with law.

Justice Sameer Jain, while disposing the petition, observed,

"It is further observed that if the petitioner's income is more than taxable income under the Income Tax Act, 1961, the Superintendent of Police after considering the financial aspect may charge appropriate financial charges from them as specified in law if financial hardship is not the case."

The court observed that the State has a duty to protect the life and liberty of the citizens. The court noted that the petitioners as adult citizens have a right to choose their partners. "When the question of life and liberty comes, we would prefer to err on safer side," said the court.

Further, the court said,

It is well settled legal position as expounded by the Hon'ble Supreme Court of India in Lata Singh Vs. State of UP [AIR2006 SC 2522], S. Khushboo Vs. Kanniammal [(2010) 5SCC 600], Indra Sarma Vs. VKV Sarma [(2013) 15 SCC 755] and Shafin Jahan Vs. Asokan KM [(2018) 16 SCC 368] that the society cannot determine how individuals live their lives, especially when they are major, irrespective of the fact that the relation between two major individuals may be termed as unsocial.

Thus, the court opined that the life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, the court noted that as per Section 29 of the Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.

Adv. Bharat Yadav appeared for the petitioners while GA cum AAG Ghanshyam Singh Rathore appeared for the respondents.

Case Title: Pooja Gurjar & Anr. v. State Of Rajasthan & Ors.

Citation: 2022 LiveLaw (Raj) 199

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