Punjab-Haryana High Court
Kewal Krishan And Anr vs State Of Punjab And Others on 18 November, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRWP No. 11055 of 2024
118 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRWP No. 11055 of 2024
Date of Decision: 18.11.2024
Kewal Krishan and another ...Pe oners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Maneesh Bali, Advocate
for the pe oners.
Ms. Swa Batra, D.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.
3. If the allega ons of apprehension of threat to their lives 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, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protec on to the pe oners for one week from today. However, if the pe oners no longer require the protec on, then at their request it may be discon nued even before the expiry of one week. A er that, the concerned officers shall extend the protec on on day-to-day analysis of the ground reali es or upon the oral or wri en request of the pe oners.
Jyoti Sharma 2024.11.20 16:26 1 I attest to the accuracy andauthenticity of this order/judgment High Court, Sector 1, Chandigarh CRWP No. 11055 of 2024
4. 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 oners 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.
5. This order shall eclipse a er fi een days from today.
6. 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.
7. 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
18.11.2024
Jyo Sharma
Whether speaking/reasoned : Yes
Whether reportable : No.
Jyoti Sharma
2024.11.20 16:26
2
I attest to the accuracy and
authenticity of this order/judgment
High Court, Sector 1, Chandigarh