Runaway Couples: Punjab & Haryana Govts To Consider Feasibility Of Appellate Body To Redress Grievance Against Police Order On Protection Plea

While contemplating a mechanism to avoid flooding of courts with protection pleas by runaway couples, the Punjab and Haryana High Court was informed that the concerned State governments will consider the feasibility of appointing an Appellate Authority to adjudicate on any grievance after a representation seeking protection is dealt with by the Police.

"Punjab, Haryana and U.T., Chandigarh promised to explore the feasibility of placing an Appellate Authority to adjudicate of any appeal by aggrieved party after redressal of the representation at the first instance," bench of Justice Sandeep Moudgil noted.

The Court had sought the assistance of Advocate Generals of Punjab, Haryana, and the Standing Counsel of UT Chandigarh in streamlining the flooding of protection petitions by run-away couples in the Court.

"The Court has suggested to examine the issue in a more wider prospective that the representations shall be disposed off/adjudicated by passing a reasoned speaking order and it is only thereafter an aggrieved party may invoke the jurisdiction of the appropriate Court of law as stipulated by the Criminal Procedure Code or any other law as applicable."

It further noted the suggestion of the Amicus Curiae, that each District "may have a Nodal Officer who will ensure that a representation received in any of the Police Stations from a run-away couple either married, proposing to get married or willing to live in relationship will be addressed within a time frame to be the shortest possible and in case such grievance is not addressed by the entrusted officer of Police, he will be made accountable for the same."

The development came while adjudicating the habeas corpus petition moved by a woman claiming that her partner was detained since the partner's parents are opposed to their same-sex relationship. The material produced on record on behalf of UIDAl indicated that the alleged detenu is a minor.

Thereafter the Court went on to observe that runaway couples from different states were approaching it for protection merely after creating a jurisdiction of the Court by solemnizing marriage at a particular place. "On an average 80-90 petitions are being listed for seeking protection either by run away couples," Court had remarked.

Considering that the Advocate Generals and UT's standing counsel has sought time "to work out the modalities" to bring in place a proper mechanism to deal with such cases, the Court listed the matter for February 14.

Case Title: X v. STATE OF HARYANA AND OTHERS

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