JUSTICE SHANTI SARUP DEWAN Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) The petitioners are an aged couple residing in House No.642, Sector 11-B, Chandigarh. Such residential property is claimed to be self-acquired at the hands of petitioner No.1. The petitioners have two daughters and a son. Both daughters are married and staying separately at their matrimonial homes. It has been pleaded that on account of nurturing a desire that the son of the petitioners leads an independent life, plot No.694, Sector 6, Panchkula was purchased by petitioner No.1 and thereafter transferred in the name of the son in the year 1990. It is further stated that the son had sold the plot in the year 1991 and from such sale proceeds has purchased plot No.1016, Sector 2, Panchkula in his name and has also raised construction thereupon. However, the son, namely, Suvir Dewan along with his wife and daughter continues to live with the petitioners in the house in Sector 11, Chandigarh.

(2.) The instant writ petition has been filed invoking the extra-ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India for safe-guarding the life and liberty of the petitioners as guaranteed under Article 21 of the Constitution of India. Assertion raised in the petition is that the petitioners have been traumatized and their lives have been made a "living hell" by their son (arrayed as party-respondent No.7).

(3.) Learned Senior Counsel appearing for the petitioners would advert to the averments made in para 9 of the petition to submit that these are just a few instances which would reflect upon the abusive and intemperate behaviour of respondent No.7 towards the petitioners. Learned counsel would argue that the expression "life" in Article 21 of Constitution of India does not connote mere physical or animal existence but such right to life includes right to live with human dignity. Submissions have been addressed as regards the scope and powers of judicial review conferred on the High Court under Article 226 of the Constitution of India and it has been contended that the right conferred by Article 226 can be exercised not only for the enforcement of fundamental rights but "for any other purpose" as well. Reliance in support of such submissions has been placed upon State of West Bengal and others v. Committee for Protection of Democratic Rights, West Bengal and others, 2010 3 SCC 571 and M.Nagaraj and others v. Union of India and others, 2006 8 SCC 212.