Gurpal Singh vs State Of Punjab And Others
2022 Latest Caselaw 10442 P&H

      IN THE PUNJAB AND HARYANA HIGH COURT AT
                     CHANDIGARH


   129                                                CWP-19866-2022 (O&M).
                                            Date of Decision: September 05, 2022.


Gurpal Singh
                                                                     ... Petitioner
                                     Versus
State of Punjab and others
                                                                  ... Respondents


CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.

Present:     Mr. Munish Gupta, Advocate, for the petitioner.

             Mr. Saurav Verma, Addl. A.G., Punjab.

             Ms. Saigeeta Srivastava, Advocate, for respondent No.5 -
             Union of India.

VINOD S. BHARDWAJ, J. (ORAL)

The instant writ petition has been filed under Articles 226/227

of the Constitution of India, seeking issuance of a writ of mandamus

directing the respondents to restore the security of the petitioner in view of

the threat perception to the petitioner.

Learned counsel for the petitioner contends that the petitioner is a

politician belonging to the Indian National Congress Party and the same is the

major opposition party in the State of Punjab and has remained as

Spokesperson of Punjab Pradesh Congress Committee. He contends that the

petitioner was provided two security personnel by Armed Battalion and one

security personnel by IRB. He submits that the petitioner joined Bhartiya

Janata Party (BJP) on 22.01.2022 and filed nomination form for contesting

Vidhan Sabha Elections from Rajkot which was won over by the Aam Aadmi

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CWP-19866-2022 (O&M) -2-

Party (AAP). He submits that security has been arbitrarily withdrawn without

affording an opportunity of hearing to the petitioner. He further places reliance

on the judgment passed by a Coordinate Bench of this Court in the matter of

Om Parkash Soni Vs. State of Punjab and others, bearing CWP No.11872 of

2022, decided on 22.08.2022. It is further submitted by learned counsel

appearing on behalf of the petitioner that the petitioner would be satisfied in

case a direction is issued to the respondents to look into the representation

which has been appended along with the present petition as Annexures P-4 and

take a decision on the same after taking into consideration all the relevant

aspects.

Notice of motion.

Sh. Saurav Verma, Addl. AG Punjab, who is present in the

Court, accepts notice on behalf of the State of Punjab. Learned State counsel

has no objection if the prayer of the petitioner is accepted.

Accordingly, the present petition is disposed of with the consent

of the parties and with a direction to the respondent authorities to decide the

representation dated 30.05.2022 annexed as Annexure P-4 sent by the

petitioner and to pass an appropriate order thereupon, within a period of 4

months from the date of receipt of a certified copy of this order, as per security

policy adopted by the State of Punjab, after affording opportunity of hearing to

the respective parties.

The present petition is disposed of in aforesaid terms.

September 05, 2022                              (VINOD S. BHARDWAJ)
raj arora                                             JUDGE

              Whether speaking/reasoned         : Yes/No
              Whether reportable                : Yes/No




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