Punjab-Haryana High Court
Ramesh Chander And Ors vs State Of Punjab And Others on 18 December, 2023
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2023:PHHC:162008
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CRWP No.12196 of 2023 2023:PHHC:162008
117 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP No.12196 of 2023
Date of Decision: 18.12.2023
Ramesh Chander and others ...Petitioners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. G.P.S. Ghuman, Advocate
for the petitioners.
Mr. Shiva Khurmi, AAG, Punjab (Through VC).
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ANOOP CHITKARA, J.
Fearing for life and liberty at the hands of the private respondents, the petitioners, invoking the fundamental right of life guaranteed under Article 21 of the Constitution of India, have come up before this Court seeking protection through the State.
2. Notices served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required.
3. If the allegations of apprehension of threat to life turn out to be true, it might lead to an irreversible loss. Thus, in the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Superintendent of Police, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protection to the petitioners for one week from today. However, if the petitioners no longer requires the protection, then at their request, it may be discontinued even before the expiry of one week. After that, the concerned officers shall extend the protection on day-to-day analysis of the ground realities or upon the oral or written request of the petitioners.
4. The protection is subject to the stringent condition that from the time such protection is given, the petitioners shall refrain from attending parties, bars, picnics or any area that may pose a risk to their life. The SHO should send police officer(s) to petitioners' home to assess the required level of security. Once the assessment is done, the officer should provide adequate security without the petitioners having to contact them.
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Neutral Citation No:=2023:PHHC:162008
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CRWP No.12196 of 2023 2023:PHHC:162008
5. It is clarified that if the petitioners visit any disputed place and the security officer become aware of it, they should advise the petitioners to avoid going there. If the petitioners still insist on going, the officer has the right to return to the police station due to petitioners' defiance of the order.
6. It is clarified that there is no adjudication on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not come in the way if the interrogation of the petitioners are required in any cognizable case. It shall also be open for the petitioners to approach this Court again in case of any fresh threat perception.
7. This order shall eclipse after fifteen days from today.
8. Given the prayer for issuance of directions to decide the representation dated 04.11.2023 (Annexure P-3), the same be decided by the concerned Senior Superintendent of Police, within two months, either himself/herself or by authorizing and delegating it to any officer holding IPS cadre. It is clarified that such order must be a reasoned order, and the same be communicated to the representationists without delay.
9. There would be no need for a certified copy of this order, and any Advocate for the Petitioners and State can download this order and other relevant particulars from the official web page of this court and attest it to be a true copy. The concerned officer can also verify its authenticity and may download and use the downloaded copy for immediate use.
Petition is allowed to the extent mentioned above. All pending applications, if any, stand disposed.
(ANOOP CHITKARA)
JUDGE
18.12.2023
anju rani
Whether speaking/reasoned: Yes
Whether reportable: No.
Neutral Citation No:=2023:PHHC:162008
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