Jammu and Kashmir High Court
WP(C)/4569/2019 of RAKHMAT JAAN AND ANR Vs UNION TERRITORY OF J AND K TH HOME DEPTT AND ORS on 31 December 2019
OF JAMMU AND KASHMIR AT JAMMU WP(C) No.4569/2019 CM No.9676/2019 Date:31.12.2019 Rakhmat Jaan and Another .....Petitioner (s) Through :- Mr. Rajiv Gorka, Advocate. V/s State of J&K and others .....Respondent(s) Through :- Coram: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE JUDGMENT(ORAL)
Sr. No. 88
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
WP(C) No.4569/2019
CM No.9676/2019
Date:31.12.2019
Rakhmat Jaan and Another
.....Petitioner (s)
V/s
Through :-Mr. Rajiv Gorka, Advocate.
State of J&K and others
.....Respondent(s)
Through :-
Coram: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE
JUDGMENT(ORAL)
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1. In view of the urgency expressed by learned counsel for the petitioner, this petition is taken up for final disposal.
2. The case projected by the petitioners is that they being major have contracted marriage out of their free will on 25.07.2018 as per Muslim rituals and are living together as husband and wife, but are apprehensive of being subjected to physical violence at the hands of private respondents No.5 to 8, as petitioner no.1 has contracted the marriage against their wishes. Petitioners seek protection and security cover from official respondent Nos. 2 to 4.
3. Heard and considered.
4. This petition is disposed of, at this stage by directing the official respondents to provide adequate security cover to the petitioners and act in accordance with the law laid down by the Apex Court in “Lata Singh vs State of UP”, (2006) 5 SCC 475. However, it is made clear that if there is any FIR
registered against the petitioners in that eventuality, the police concerned may go ahead with the investigation, under rules. 5. Disposed of as above along with connected application.
Jammu 31.12.2019 Surinder
(Tashi Rabstan) Judge
Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No