Punjab-Haryana High Court
Naresh Kumar Sehgal vs Union Of India And Others on 31 May, 2013
Author: M.M.S. Bedi
Bench: M.M.S. Bedi
CRM M- 17705 of 2013 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Date of Decision: May 31, 2013
1. CRM M-17705 of 2013 (O&M)
Naresh Kumar Sehgal
.....Petitioner
Vs.
Union of India and others
.....Respondents
2. CRM M-18098 of 2013 (O&M)
Naresh Kumar Sehgal
.....Petitioner
Vs.
Union of India and others
.....Respondents
3. CRM M-18136 of 2013 (O&M)
Naresh Kumar Sehgal
.....Petitioner
Vs.
Union of India and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI.
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CRM M- 17705 of 2013 [2]
Present:- Petitioner in person in all the three cases.
-.-
M.M.S. BEDI, J.
This order will dispose of three petitions bearing CRM M- 17705, M-18098 and M-18136 of 2013 claiming different reliefs. It is not out of place to observe here that as per the office report, petitioner has already filed 218 petitions in the High Court from the year 2003 till date. The petitioner has impleaded constitutional authorities including 16 respondents in CRM M-18136 of 2013, 14 respondents in CRM M0-17705 of 2013 and 12 respondents in CRM M-18098 of 2013.
The prayer in CRM M-18136 of 2013 is that the petitioner has sought to transfer respondent No.12 Gurmit Singh Randhawa, SSP, Faridkot to any other district levelling allegations of having received money to kidnap and murder the petitioner and family members on the asking of Deputy Chief Minister, Punjab, claiming that on December 26, 2010 and on subsequent dates he was got attacked by the said respondent. Surprisingly the petitioner has impleaded Dr.Manomohan Singh, Prime Minister, Mr.Sunil Kumar Shinde, Home Minister, Chief Secretary, Punjab, Principal Secretary, DGP, , ADGP (Security) and IG of Police, Bathinda and Deputy Inspector General of Police, Ferozepur.
In second petition bearing CRM M-17705 of 2013, the petitioner has impleaded District Magistrate, Faridkot, DSP, Kot Kapura, SHO, Police Station Kot Kapura, Deputy Chief Minister and SSP, Faridkot.
CRM M- 17705 of 2013 [3] The main grievance of the petitioner in CRM M-18136 of 2013 is that the prayer clause contains following prayers:-
i) Respondent No.12 SSP, Faridkot should be
transferred;
ii) The security granted to the petitioner i.e. one Sub
Inspector, 4 Head Constables, 6 Drivers and 1
Government Gypsy and one Government
Ambassador Car should be changed and he be
granted protection from Central Agency like CRPF and personal security gunman. A bullet proof vehicle should be provided to the petitioner.
Security guards should be provided at his residence and office places. A CBI inquiry should be conducted in the event of attack on him by Deputy Chief Minister.
In this petition the petitioner has appended a letter annexure P- 11 dated October 25, 2012 from SSP, Faridkot to Additional DGP, (Security) Punjab, Chandigarh, recommending increase of security for his house and office besides a bullet proof vehicle. A similar letter annexure P-15 has been placed on record sent by Manoj Kumar, SI dated April 13, 2013 recommending that the security of the petitioner should be enhanced. Petitioner has sent a number of telegrams to different authorities, for enhancement of the security.
CRM M- 17705 of 2013 [4] I have considered all the averments in the petition and I am of the opinion that since the petitioner has already been provided security as admitted by him, no direction can be issued by this Court to further enhance the security or to depute a central agency for his security. In the exercise of powers under Section 482 Cr.P.C., this Court is not competent to determine the adequacy of security. In case any recommendations have been made, it is always open to the petitioner to require the competent authorities for compliance of the recommendations. The recommendations of the various authorities relied upon by the petitioner are not to be executed in the exercise of inherent jurisdiction. No doubt, on the principle of equality and right of life of liberty under Articles 14 and 21 of the Constitution of India, respectively, every citizen is entitled to live a life of dignity with sufficient security. Sufficient security seems to have been granted to the petitioner by the Government of Punjab in the shape of one Sub Inspector, 4 Head Constables, 6 Drivers and 1 Government Gypsy and besides one Government Ambassador Car. Considering the said security as inadequate, no direction can be given to any authority to grant the additional security in the exercise of powers under Section 482 Cr.P.C.
Similar petitions filed by the petitioner had earlier been dismissed by this Court. The petition seems to have been filed to gain political mileage. No ground is made out to issue any direction.
Petition bearing CRM M-18136 of 2013 is thus dismissed.
CRM M- 17705 of 2013 [5] In the present petition bearing CRM M-17705 of 2013, the petitioner has prayed for a direction to respondents No.1 to 7 to transfer the security of the petitioners already provided to him by Government of Punjab by Central Agency like CRPF to protect his life and property. Petitioner claimed that he has got danger that he should be eliminated through accidents, bomb blast etc. I have considered the averments in the second petition and heard the petitioner in person. He has not been able to satisfy this Court as to how the prayer of the petitioner can be exceeded to for grant of a security of Central agency. Two earlier petitions praying similar relief stands already disposed of. No ground is made out to entertain the present petition in which all the senior officers of Punjab Government from Home Minister, Deputy Chief Minister, DGP, Principal Secretaries, etc. have been impleaded.
The petition hearing CRM M-17705 of 2013 is thus dismissed. In CRM M-18098 of 2013, the petitioner seeks investigation of the case FIR No. 359 dated December 2, 2007 registered against three unidentified persons under Sections 307, 506, 324, 323, 120-B, 34 IPC read with Sections 25, 27, 54, 59 of the Arms Act, Police Station, City Kotkapura, District Faridkot be transferred to any other agency like CBI. The prayer for transfer of investigation is coupled by a request of addition of some offences in the said FIR. The parameters have been laid down by the Apex Court in State of West Bengal and others Vs. The Committee CRM M- 17705 of 2013 [6] for Protection of Democratic Rights, West Bengal and others, 2010 (3) SCC 571 to refer the matter to CBI. The case of the petitioner does not fall within any of the parameters laid down for transfer the investigation to CBI in a case of assault.
It is not out of place to observe here that after the orders had been reserved in the present case, a communication addressed by the petitioner to Hon'ble the Chief Justice and Registrar for listing the case before DB has been received. The said communication has been sent to this Court for consideration. The said application is not maintainable. The petitioner cannot be permitted to make a prayer beyond a roster prepared by Hon'ble the Chief Justice. No judicial order can be passed on an application regarding listing of the case of the petitioner before Division Bench that too on a letter written to the Registrar (Judicial) which has been made part of this record. No litigant can be permitted to interfere in the due judicial process by writing letters on the administrative side while the mater is pending on judicial side.
The petition bearing CRM M-18098 of 2013 is thus dismissed.
May 31, 2013 (M.M.S.BEDI) sanjay JUDGE