JUDGMENT
1. Heard Sri B.R.J. Pandey, learned Counsel for the petitioner and the learned standing Counsel appearing for the respondents.
2. A Hindu boy, one of the petitioner has married with a Muslim girl (the other petitioner) which is created a furore in the local communities , which is ofcourse nothing unusual, in the prevailing social scenario. In eases like these/the Law Enforcement Authorities usually buy peace at the cost of the constitutional rights and privileges of citizens of this country. They pander to the sentiments of the illiterate masses which comprised the major part of our communities in order to maintain peace. They fail to realize that they are thereby rendering the constitutional rights of individuals nugatory and redundant.
3. The real role of the Law Enforcing Agencies is to protect and preserve the rights of individuals guaranteed by our paramount parchment, and, to deal with an iron hand all those persons, who want to decimate and demolish those privileges.
4. As usual, this is not happened in this case, and the police is trying to dislodge and undo even the Marital-tie between the two of them. The police must be emphatically asked to refrain their doing so. They are free citizens of this country and they have a right to marry according to their own wishes, of course if they have attained the age of majority. Their sacrosanct privileges should not be allowed to be rendered non-functional.
5. As the question whether the boy and the girl are major or not, they have filed affidavits about the same, in which they have given their age as being above 18 years. There is no counter affidavit and there seems no reason, for us to disbelieve them, and at this stage to demand any evidence about the same. Both have appeared before us in Court and have unequivocally stated, that, they are major and have married to their own free will. There is no reason, for us, not to accept their statements.
6. Accordingly, the police are directed, not to interfere in the matrimonial life of the petitioners, and to provide an appropriate protection to them, as and when necessary.
7. Writ is issued accordingly.