Delhi High Court - Orders
Shri Dinesh Kumar And Ors vs The State & Ors on 15 March, 2023
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2140/2022, CRL.M.A. 19461/2022, CRL.M.A.
19462/2022 & CRL.M.A. 24142/2022.
SHRI DINESH KUMAR AND ORS. ..... Petitioners
Through: Mr. Vivek Sharma, Advocate.
versus
THE STATE & ORS. ..... Respondents
Through: Mr. Amol Sinha, ASC for the State
with ASI Mahesh Kumar, PS: Jyoti
Nagar, Delhi.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 15.03.2023
1. This petition has been filed for seeking directions to respondents to 2-5 to increase the number of police officials to protect the life of the petitioner No. 1 and the family of petitioner No.2-4. The issue arises as a result of a threat which was received by the petitioner since he has filed the petition in public interest for illegal encroachment in the area of East and West Jyoti Nagar, Delhi.
2. As per the order of Division Bench of this Court headed by Hon'ble the Acting Chief Justice on 09th May, 2017, it was directed that the DCP (District North Zone) provides protection to the petitioner in view of the pending PIL.
3. Thereafter, since threat letters were apparently received by the petitioner another writ petition was filed being WP(C) No. 1269/2020 in which this Court on 20th August, 2020 noted the prayer of the petitioner which was exactly the same as in this petition and directed that the respondents would ensure that the concerned beat staff visit the petitioner's residence at regular intervals and also that the concerned SHO shall evaluate Signature Not Verified Digitally Signed By:ANISH DAYAL the threat perceptions and if considered necessary enhance the security provided to the petitioner and his family members. Thereafter yet another writ petition being WP(C) No. 1661/2020 was preferred by the petitioner where this Court passed an order dated 19th February, 2021, noting the threat letter dated 18th December, 2020 sent to the petitioner and directed that a report to be filed in relation to that as also that the beat officer of the area shall visit the house in every two hours in case the petitioner is not available in his house.
4. The Status Report has been field by the State noting these order of this Court and stating that inquiry with regard to threat letters received from "Gajender Bhati" was conducted and the address of the persons was as non-existence. Nothing substantial could be found recovered as regards to the threat letter. Also as regards to the threat letter received from purportedly received from one Sonu Rathi and inquiry was conducted and Sonu Rathi was called at PS Jyoti Nagar and interrogated and stated that he has not sent the letters. Another inquiry was conducted in relation to a subsequent letter dated 14th November, 2022 purportedly sent by Sonu Rathi. However, he stated that he was ready to appear before the Court to apprise his version.
5. Be that as it may, aside from this inquiry related to threat letters, the petitioner has been provided with one PSO around the clock from North East District Police Lines since May, 2017. One PSO is also provided to his brother Nagender from PS Jyoti Nagar. As per the Status Report shows that three PSOs in total, two PSO staff for 24 hours duty and one PSO for day duty for petitioner brother has been provided to avoid any untoward incident. Further, a fresh threat assessment of the petitioner has been done by the Security Review Committee of Delhi Police and the Assessment Committee has suggested withdrawing Security cover for the petitioner as no untoward incident has been reported since May 2017. However, the beat Signature Not Verified Digitally Signed By:ANISH DAYAL staff, patrolling staff and the Divisonal Officer of the area have been specifically briefed to remain and contact the petitioner in relation to any threat to him or his family members and contact numbers of the SHO and Divisional Officer had been provided. It has been specifically stated in the Status Report that safety and security of the petitioner and his family will be ensured by making regular visits to the petitioner's house and nearby area.
6. Currently, learned ASC states, the security cover will continue and the PSO as stated above is with the petitioner No.1.
7. In this view of the matter, no further directions are required since the State has taken all steps possible and reasonable in order to security of the petitioner.
8. Learned counsel for the petitioner says that they have filed a complaint relating the threat letters which they have received, which will be assessed in accordance with law by the appropriate Court. Nothing observed by this Court is on the merits of the matter and State is at liberty to re-assess the security requirement in accordance with rules and regulations.
9. Accordingly, the petition is disposed of.
10. Order be uploaded on the website of this Court.
ANISH DAYAL, J MARCH 15, 2023/RK Signature Not Verified Digitally Signed By:ANISH DAYAL