Punjab & Haryana High Court
The Punjab and Haryana High Court has remarked that ignorance of the Standard Operating Procedures (SOP) issued by the State Governments in pursuance of Kajal case has flooded the High Court with protection petitions by runaway couples.
Justice Rohit Kapoor noted that the Standard Operating Procedures (SOPs) notified by the Government of Punjab, Haryana and the Union Territory of Chandiarh in pursuance to Kajal versus State of Haryana and others‘ have not been widely circulated and due to the ignorance of the same, the Court is flooded with litigation, “without first waiting for the representations to be decided by the concerned authorities within the time periods stipulated under the said SOPs and without availing the alternate remedy of filing appeals against any order as provided under the said SOPs.”
The Court further observed that the authorities appointed under the said SOPs are either ignorant about the same or are lax in following the time frames and the guidelines in strict letter and spirit.
Counsel representing the States of Haryana, Punjab and Union Territory of Chandigarh thereafter undertook that the SOPs would be widely published for the information of the general public and at the relevant Forums and compliance thereof shall be strictly ensured.
The bench further directed that a copy of these SOPs be also sent for circulation amongst the Members of the Bar.
In Kajal’s case the High Court had 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.
Justice Sandeep Moudgil had then said that, “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.”
Mr. Rakesh Kumar Chauhan, Advocate for the petitioners. Mr. Ishan Kaushal, AAG, Punjab.
Mr. Praveen Bhadu, Asstt. AG, Haryana.
Mr. Abhinav Sood, Advocate for the UT, Chandigarh.
