Punjab-Haryana High Court
Sarabjit Kaur And Another vs State Of Punjab And Others on 11 November, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRWP No.10771 of 2024
105 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRWP No. 10771 of 2024
Date of Decision: 11.11.2024
Sarabjit Kaur and another ...Pe oners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Rahul Garg, Advocate
for the pe oners.
Mr. Sukhdev Singh, A.A.G., Punjab.
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ANOOP CHITKARA, J.
Apprehending for life and liberty at the hands of the private respondents, the pe oners, invoking the fundamental right of life guaranteed under Ar cle 226 of the Cons tu on of India, have come up before this Court seeking protec on through the State.
2. No ces 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 no ces to the private respondents is required. State counsel submits that the present pe on is not maintainable as pe oner No.2 is stated to be in custody of respondent No.4.
3. The concerned SHO to assess threat percep on of the pe oners. If the concerned SHO finds threat percep on to be true, then he may provide protec on on the basis of day to day analysis. It is clarified that separate protec on shall be assessed for the pe oners and shall be provided where they are residing currently, if any requirement of protec on is made out.
4. This protec on for pe oner No.1 is subject to the stringent condi on that from the me such protec on is given, the pe oner No.1 shall not go outside the boundaries of the place of residence, except for medical necessi es, to buy household necessi es and for bereavements in the families of the close rela ves or close friends.
Jyoti Sharma 2024.11.14 10:50 1 I attest to the accuracy andauthenticity of this order/judgment High Court, Sector 1, Chandigarh CRWP No.10771 of 2024 This restric on saves the pe oner No.1 from apprehended risk and ensures that the protec on is not flaunted.
5. It is clarified that there is no adjudica on 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 interroga on of the pe oner No.1 is required in any cognizable case. It shall also be open for the pe oners to approach this Court again in case of any fresh threat percep on.
6. This order shall eclipse a er fi een days from today.
7. Since this order shall eclipse a er fi een days, therefore, if any PSO is deputed, in that case the concerned PSO shall also return back. A er that, if the concerned Senior Superintendent of Police wants to provide any further security, he/she may provide at his/her own level and not based on the order of this Court.
8. There would be no need for a cer fied copy of this order, and any Advocate for the Pe oner and State can download this order and other relevant par culars from the official web page of this court and a est it to be a true copy. The concerned officer can also verify its authen city and may download and use the downloaded copy for immediate use.
Pe on is disposed of to the extent men oned above. All pending applica ons, if any, stand disposed.
(ANOOP CHITKARA)
JUDGE
11.11.2024
Jyo Sharma
Whether speaking/reasoned : Yes
Whether reportable : No.
Jyoti Sharma
2024.11.14 10:50
2
I attest to the accuracy and
authenticity of this order/judgment
High Court, Sector 1, Chandigarh