Punjab-Haryana High Court
Rasal Masih And Anr vs State Of Punjab And Others on 4 August, 2023
SANGEETA
CRWP-7713-2023 1
116
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
2023:PHHC: 100827
CRWP-7713-2023
Date of Decision: August 04, 2023
RASAL MASIH AND ANR ....Petitioners
VERSUS
STATE OF PUNJAB AND OTHERS ....Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Jaswinder Singh Rana, Advocate
for the petitioners.
Mr. Shiva Khurmi, AAG, Punjab.
3B OK 2 3
ANOOP CHITKARA, J.(ORAL)
Fearing for their lives and liberty at the hands of the private
respondents, the petitioners have come up before this Court seeking
protection through the State, by invoking their fundamental rights of life
guaranteed under Article 21 of the Constitution of India.
2. Notices served upon the official respondents through the State's
counsel. Given the nature of the order, this Court proposes to pass, neither
the response of official respondents is required nor exists any requirement to
issue notices to the private respondents.
3. As per memo of parties, petitioner No.1 is stated to be major.
However, petitioner No.2 (Name withheld) is a minor girl.
4. If the allegations 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
2023.08.07 12:42
I attest to the accuracy and
authenticity of this
order/judgment
SANGEETA
CRWP-7713-2023 2
Superintendent of Police, SHO, 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
petitioner No.1 no longer require the protection, then 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 petitioner No.1.
5. This protection is subject to the stringent condition that from
the time such protection is given, petitioner No. 1 shall not go outside the
boundaries of the place of their residence, except for medical necessities, to
buy household necessities, and bereavements in the families of the persons
who are close to them. However, petitioner(s) shall be at liberty to shift the
residence(s) and if the new place falls within the district, then the protection
shall be extended to such place. This restriction saves petitioner no.1 from
apprehended risk and ensures that the protection is not flaunted.
6. Learned counsel for the petitioners to direct the petitioners to
attend the phone call(s) of the Investigator. As far as the petitioner No.2 is
concerned, being a minor girl as soon as the Investigator contacts her, he
shall produce her to the nearest Judicial Magistrate and in case the time is
not suitable immediately before a Child Protection Home and after that
produce her before the concerned Judicial Magistrate. The concerned
Judicial Magistrate shall interact with her and it is the concerned
Magistrate's discretion whether to record her statement under Section 164
Cr.P.C or to proceed without that.
7. Learned Judicial Magistrate will either send the minor to Child
Protection Home and to her parents as per the result of the interaction with
2023.08.07 12:42
I attest to the accuracy and
authenticity of this
order/judgment
CRWP-7713-2023 3
her. The identity of the place where petitioners are staying shall not be
revealed to the private respondents.
8. It is clarified that there is no adjudication on merits. It is also
clarified that this order is not a blanket bail in any FIR for the petitioners. It
is further clarified that this order shall not come in the way if the
interrogation of petitioner No.1 is required in any cognizable case. It shall
also be open for petitioner No.1 to approach this Court again in case of any
fresh threat perception.
9. This order shall eclipse after fifteen days from today.
10. 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)
04.08.2023 JUDGE
Sangeeta
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
SANGEETA
2023.08.07 12:42
I attest to the accuracy and
authenticity of this
order/judgment
