RAJMAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present criminal writ petition filed under Articles 226/227 of the Constitution of India, the direction is sought for issuance of a writ in the nature of habeas corpus directing respondents No.1 to 5 to release the detenue Ajay Kumar son of the petitioners and Pinki Pundir daughter-in-law from the illegal custody of respondents No.6 & 7 (father and brother of the girl) and their associates. The prayer is made as they are alleged to be confined in the custody of the said respondents. The prayer has also been made for appointment of a Warrant Officer to search the premises of respondents No.6 and 7 and their associates to get the detenues released with their belongings from the illegal custody.

(2.) The case of the petitioners is that couple Ajay Kumar and Pinki Pundir had solemnized the love marriage without any pressure at village Firozpur, Sector 19, Panchkula on 29.07.2020 and got directions from this Court in CRWP No.5491 of 2020 on 31.07.2020 (Annexure P1) for protection of life and liberty from the hands of the said private respondents. The said couple had been living happily as husband and wife at their matrimonial home at village Batwala, Police Station Narwana, District Jind. On 09.08.2020 when the couple went to the house of the maternal uncle, respondent No.6, the father of the girl alongwith 4 persons had come to the house of the petitioners and asked them about the whereabouts and requested them to call the detenues, since he was ready to accept the marriage.

(3.) The petitioners had accepted the said request and made a phone call to their son Ajay Kumar and respondent No.6 had talked to him and his daughter. It was agreed that they would meet with the said respondents. Ajay Kumar had made a call to the police authorities by dialing no.100 and informed them about the fact that the order had been passed by this Court to grant them protection and concerned officials had called them at the jurisdiction of Police Station, City Jind. Respondent No.6 had also come there with his associates and had taken them away by forcibly putting them inside the car and the SHO, Police Station, City Jind did not help them. The brother of the petitioner No.2 was waiting outside the Police Station, had seen the said incident. Resultantly, the present petition was filed in this Court on 21.08.2020.