The Punjab and Haryana High Court has strongly criticized the ongoing surge in protection pleas by runaway couples, attributing the cause to widespread ignorance of the Standard Operating Procedures (SOPs) framed in light of the Kajal v. State of Haryana judgment.
Justice Rohit Kapoor noted that although the Governments of Punjab, Haryana, and the Union Territory of Chandigarh have notified SOPs pursuant to the Kajal case, these guidelines have not been adequately circulated among the public. Due to this lack of awareness, couples eloping without family consent are approaching the High Court directly, seeking protection, without first exhausting remedies available under the SOP framework.
“The Court is flooded with litigation without first waiting for the representations to be decided by the concerned authorities within the stipulated time periods under the SOPs,” said Justice Kapoor, “and without availing the alternate remedy of filing appeals as provided under the said SOPs.”
In the matter of Kamalpreet Kaur and another v. State of Punjab and others, the petitioners approached the Court after marrying on June 9, 2025, alleging threats from their families and seeking protection. They submitted a representation to the Commissioner of Police, Ludhiana, on the same day.
The Court highlighted that the SOPs, which were framed based on the guidelines in the Kajal case, are intended to create a robust system to handle such complaints administratively. However, Justice Kapoor observed that not only is the public unaware of these SOPs, but even the authorities designated to handle such cases are either ignorant or fail to act within the mandated timelines.
“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,” the judge remarked.
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Advocates representing the State of Punjab, Haryana, and UT Chandigarh — Mr. Ishan Kaushal (AAG, Punjab), Mr. Praveen Bhadu (Asstt. AG, Haryana), and Mr. Abhinav Sood (Advocate for UT Chandigarh) — assured the Court that the SOPs would be widely published across appropriate forums for better public awareness. They also undertook to ensure strict compliance by administrative bodies.
Further, the Court directed that copies of the SOPs be distributed to members of the legal fraternity for their awareness and guidance.
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The Kajal judgment had earlier laid down specific directives for the State and Police to follow when approached by individuals or couples facing threats to life and liberty. These guidelines were designed to offer a fast-track administrative remedy to avoid unnecessary burdening of the judiciary.
Justice Sandeep Moudgil had emphasized, “It is the need of the hour that a mechanism be framed by the States for expeditious inquiry into such matters at the administrative level.”
The High Court, while disposing of the petition, instructed the concerned official to forward the petitioners’ representation dated June 9, 2025, and ensure its resolution in accordance with the SOPs notified on January 23, 2025.
Case Title: Kamalpreet Kaur and Another vs. State of Punjab and Others
Case Number: CRWP-6236-2025
