24X7 Helpline, Decide Representation In 3 Days: Punjab & Haryana HC Issues Guidelines To State, Police For Runaway Couples Seeking Protection

The Punjab and Haryana High Court has issued a slew of guidelines to be followed by the State and Police when it is approached by an individual or a run away couple, alleging threat to their life and liberty.

In his 23-page order made available on December 24, 2024, Justice Sandeep Moudgil said, "It is need of the hour that a mechanism needs to be framed by the States with the aim for expeditious inquiry consisting of facts finding and adjudication of the dispute at the administrative level which are primarily in the nature of dissent of elders in a family to the wishes and desire of younger ones due to multifacet reasons which need not to be gone at this stage by this Court."

The Court also flagged rising number of protection pleas filed before it and noted that on an average more than 4 hours of the working day of the High Court are consumed in dealing with protection pleas wherein in large number of cases there is no threat perception to the life.

It said that the time consumed "can be used in disposal of other important matters which could not see light of the day and are pending for more than 5 years involving more important questions with life of convicts against whom appeals are pending after conviction or pending trial regular bails are being sought."

The guidelines framed by the Court are as follows:

(i) The State Government shall appoint one Nodal Officer at each District Head Quarter who shall be made accountable for ensuring strict compliance to these guidelines as per the time frame stipulated hereinbelow.

(ii) The State Government shall appoint one Police Officer at every police station not below the rank of Assistant Sub-Inspector to inquire and look into the representation in accordance with law. Such police officer shall be either reporting at his own to the Nodal Officer of his District or said Nodal Officer may monitor stepwise dealing of such representations to ensure that the grievance is addressed efficaciously without any violation to the time frame being provided in these guidelines.

(iii) The Officer to whom the representation is addressed by the protection seekers shall mark the same to the Nodal officer who shall forward the same to the police officer in whose police station the relevant territory falls on that very day itself without any delay for investigation and appropriate action.

(iv) Such Police Officer shall decide the said representation after calling upon and providing opportunity of hearing to the representationists as well as the persons against whom the allegations of causing threat have been made, after conducting an inquiry within a period of three days from the receipt by him.

(v) The order so passed by such Officer shall be well-reasoned and speaking which is to be communicated to all the parties to the dispute free of cost on that very day.

(vi) There shall be an Appellate Authority appointed by the State Government who shall be an Officer not below the Rank of Deputy Superintendent of Police in each district.

(vii) The aggrieved person against the order passed by the Police Officer at the first instance may prefer an appeal before such Appellate Authority within a period of three days, if so desired, failing which the order passed by the Officer at the first instance under Clause (iv) shall attain finality.

(viii) The Appellate Authority shall also take the decision on the appeal preferred before him after granting an opportunity of hearing to the parties in person or through their Advocates within the next seven days from the date of filing of such appeal who shall pass a detailed order with reasons and shall also issue such direction for immediately to protect life and liberty of the aggrieved if he is satisfied and deems necessary under the circumstances. A copy of such order shall also be supplied to the parties free of cost within one day from the date of decision.

(ix) If either of the parties is still aggrieved of an order passed by the Appellate Authority, may approach the High Court or any other Court of law of competent jurisdiction as available under law.

(x) In addition to above, there shall be a dedicated helpdesk at every district police office manned 24X7 to address representations concerning such threat to life and liberty which shall maintain an electronic record qua the movement of each representation specifying time and date of receipt, name of Officer assigned, the stage of hearing and the status of the inquiry.

(xi) A quarterly review meeting shall be conducted by the Senior Superintendent of Police/Commissioner of Police, as the case may be that is to say District Head of Police and a report of same should be forwarded to the Director General of Police. (xii) The Director General of Police shall also access the compliance of these guidelines at quarterly intervals maintaining electronic record in his office as well.

Justice Moudgil highlighted that, "This structured approach to deal with these matters with sense of accountability would be a corner stone of good governance and the Rule of law. It would ensure not only transparency in decision-making but will also instill public faith in the State's ability to safeguard constitutional rights."

The judge opined that the creation of an Appellate Authority would not only reinforce the accountability but will offer an intermediate layer of scrutiny before invoking the extra-ordinary jurisdiction of the High Court.

Mr. Vishal Sharma, Advocate for the petitioner.

Mr. Baldev Raj Mahajan, Advocate General, Haryana with Mr. B.S. Virk, Sr. DAG, Haryana.

Mr. Gurminder Singh, Advocate General, Punjab with Mr. Rajiv Verma, DAG, Punjab.

Mr. Sanjay Jain, Amicus Curiae for respondents No.4 and 5.

Mr. Amit Jhanji, Sr. Standing Counsel with Mr. Manish Bansal, PP, U.T., Chandigarh.

Mr. Varun Issar, Sr. Standing Counsel for respondent-UIDAI.

Mr. Prateek Gupta, Advocate for CBI.

Title: XXX v. STATE OF HARYANA AND OTHERS

Citation: 2025 LiveLaw (PH) 01

Click here to read/download the order