Chandigarh, January 2:
In response to the overwhelming number of approximately 90 petitions filed daily by runaway couples seeking protection, the Punjab and Haryana High Court has issued 12 new guidelines to be followed by Punjab, Haryana, and Chandigarh. These directives include establishing a two-tier grievance redressal and appellate mechanism within the police system. Once implemented, this system is expected to save up to four hours of valuable court time each day.
The decision came under the leadership of Justice Sandeep Moudgil, who emphasized that providing care and shelter to runaway couples was the “primary and essential duty” of law enforcement. He stated that any application or representation received by the police must be dealt with the highest priority, with the courts being the last resort.
Justice Moudgil pointed out that constitutional courts are obligated to ensure protection when an individual’s life and liberty are at risk. However, he stressed that the courts should not be the first point of contact for every perceived threat. The constitutional guarantee of life and personal liberty serves as the foundation of India’s democracy, and it is the State’s responsibility to create an environment free from fear.
“The principle of subsidiarity dictates that state authorities, as the first responders, must act swiftly, impartially, and efficiently to resolve grievances. Failing to do so burdens the judiciary with avoidable cases and weakens the effectiveness of constitutional remedies,” the court noted.
The guidelines include the appointment of a nodal officer at each district headquarters, and a police officer with at least the rank of Assistant Sub-Inspector at each police station in the two states and Union Territory. The process would require an immediate transfer of representations to the designated police officer through the nodal officer, followed by a thorough investigation, hearings for both parties, and a decision within a specified time frame.
An appellate authority has also been proposed to address complaints related to police inquiries, ensuring that the courts are only approached once all administrative options have been exhausted. The Bench believes that many of these issues could be resolved at an early stage without further litigation, with court intervention needed only for truly serious allegations.
Justice Moudgil pointed out that courts are not in a position to verify the truth of claims in such petitions, as these factual matters fall within the police’s jurisdiction. Many petitions submitted to the court have shown no actual threat, rendering the exercise a waste of valuable court time and resources.
The court emphasized that by adhering to these guidelines, up to four hours of court time each day could be saved, which could then be used to address older pending cases, such as those involving prisoners awaiting appeals or individuals seeking bail in long-delayed trials. The court reiterated that the State has a duty to uphold constitutional values and ensure that the right to life and liberty, as protected under Article 21, is not undermined by administrative inefficiencies or delays.
In conclusion, the Bench directed that the order be sent to key officials, including the Chief Secretaries, DGPs, Home Secretaries, and Advocates-General of Punjab, Haryana, and UT senior standing counsel. They were instructed to implement the guidelines and circulate a detailed mechanism within 30 days, with a compliance report to be submitted within a week thereafter. Additionally, the order was to be forwarded to all Sessions Divisions.
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