Couples marrying against parents' wishes can't claim police protection as right: Allahabad HC
Prayagraj, Apr 16 (PTI): The Allahabad High Court has observed that couples who marry of their own will against the wishes of their parents cannot claim police protection as a matter of right unless there is a real threat perception to their life and liberty.
The court gave the ruling while deciding an application filed by a couple seeking protection.
It said the court can provide security to a couple in a deserving case but in the absence of any threat perception, such a couple must "learn to support each other and face the society".
Justice Saurabh Srivastava made this observation while hearing a writ petition filed by Shreya Kesarwani and her husband seeking police protection and a direction for the private respondents not to interfere in their peaceful marital life.
The court after going through the averments made in their petition, disposed of their writ petition, noting that there was no serious threat perception to the petitioners.
Disposing of the writ petition, the court observed, "There is no requirement of passing any order for providing police protection to them in the light of judgment rendered by the Supreme Court in the case of Lata Singh Vs State of UP and another, wherein it has been held that the courts are not meant to provide protection to such youths who have simply fled to marry according to their own wishes."
The court also observed that there was no material or reason to conclude that the petitioners' life and liberty were in peril.
"There is not even an iota of evidence to evince that private respondents (relatives of either of the petitioners) are likely to cause physical or mental assault to the petitioners," the court noted.
In addition, the court noted that the petitioners had not submitted a specific application in the form of information to the concerned police authorities to file any FIR against the alleged illegal conduct of the private respondents.
However, noting that the petitioners had already submitted a representation to the superintendent of police (SP), Chitrakoot district, the court said, "In case the concerned police find a real threat perception, they will do the needful in accordance with law."
Against this backdrop, the court stressed that if any person misbehaves or manhandles them, the courts and the police authorities are there to come to their rescue.
In its decision dated April 4, the court disposed of the plea, holding that the petitioners cannot claim security as a matter of course or right.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
