The Punjab & Haryana High Court has held that Police authorities cannot be vested with the power to delay the protection to a young couple without passing a speaking order giving reasons for denial of protection.

The Court was considering a Writ Petition seeking direction to the Police authorities to grant protection to the Couple escaping honour killing.

The Bench of Justice Parmod Goyal observed, "....The Court has always been fully aware about the prevalent socio-economic situation in the society and also the fact that violence in the name of honour killing or protecting honour takes place against such young boys and girls, who go against wishes of their parents or norms set by society and therefore, the authorities cannot be vested with the power to delay the protection to young couple without passing a speaking order giving reasons for denial of the protection. The authorities must take responsibility of their actions."

The Petitioner was represented by Advocate Rahul Garg.

The Court noted that in a protection matter, the State authorities are bound to first provide protection and thereafter proceed further to find out whether any threat perception is made out or not.

"....The statement of learned counsel for State is totally non-committal regarding protection, rather warrants discretion at the hands of the SHO to decide whether to grant protection or not. In a protection matter, authorities must act quickly and matter cannot be allowed to be tangled in bureaucratic red-tapism. It is the duty of Nodal Officer to immediately extend protection on receipt of application for protection and make appropriate inquiry thereafter..", the Court stated.

Stressing that the threat to life is of urgent nature and has to be decided immediately and cannot be delayed, the Court further held, "In case an application for protection is received by Nodal Officer, Nodal Officer must extend the protection immediately and thereafter take step to find out whether threat perception exists or not. In case protection is denied, the same can only be denied by passing a detailed speaking order giving reasons for denial of protection at the initial stage. Denial of protection amounts to violation of right to life vested in a citizen."

It pointed out that in case protection is not awarded immediately on receipt of application made by citizen, especially in case of marriage, then the authorities shall be made liable for their inaction for not giving protection timely and seeking one or other report if any untoward incident takes place.

"The purpose of protection is defeated if a person remains unprotected despite approaching the authorities for protection. This Court on various occasions has already gone in detail as to need of protection in such cases where young boys and girls have entered in matrimonial alliance against wishes of their parents....", the Court remarked.

The Petition was accordingly disposed of.

Cause Title: Mandeep Kaur and Another v. State of Punjab and Others (2025:PHHC: 145649)

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Punjab & Haryana High Court

Sheetal Joon