Varinder Singh vs State Of Ut Chandigarh And Ors
2023 Latest Caselaw 12129 P&H

                   CRWP No. 1580 of 2023                                                            2023:PHHC:101462

                   209                  IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                   AT CHANDIGARH

                                                                      CRWP No. 1580 of 2023
                                                                      Date of Decision: 07.08.2023

                   Varinder Singh                                                                    ...Pe   oner
                                                             Versus
                   State of UT Chandigarh and others                                                 ...Respondents


                   CORAM:             HON'BLE MR. JUSTICE ANOOP CHITKARA

                   Present:           Mr. L.S. Bhullar, Advocate for the pe     oner.

                                      Mr. Ankur Bali, APP, U.T., Chandigarh.

                                      Mr. Maheshinder Singh Sidhu, Advocate and
                                      Mr. Vipul Goel, Advocate for respondents No. 4 to 7.

                                      Mr. Paramjit Singh, Advocate for respondent No. 8.

                                             ****
                   ANOOP CHITKARA, J.

Fearing for life and liberty at the hands of the private respondents, the pe oner, invoking the fundamental right of life guaranteed under Ar cle 21 of the Cons tu on of India, has come up before this Court seeking protec on through the State.

2. Counsel for the pe oner submits that he would be confining his prayer to the extent of protec on of life and liberty of the pe oner at this stage, reserving his right to take other legal remedies for remaining prayers including filing of fresh writ pe on.

3. 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

4. If the allega ons of apprehension of threat to life 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 oner for one week from today. However, if the pe oner no longer requires 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 oner.

JYOTI
2023.08.08 13:45
I attest to the accuracy and

                    CRWP No. 1580 of 2023                                                         2023:PHHC:101462


                   5.        This protec on is subject to the stringent condi on that from the          me such
                   protec on is given, the pe           oner 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. This restric on saves the pe oner from apprehended risk and ensures that the protec on is not flaunted.

6. 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 is required in any cognizable case. It shall also be open for the pe oner to approach this Court again in case of any fresh threat percep on.

7. This order shall eclipse a er thirty days from today.

8. Liberty reserved to the pe oner to file a fresh representa on to the concerned Senior Superintendent of Police/ Commissioner of Police, within fi een days from today. If the pe oner files a representa on with in the above-men oned me period of fi een days, then, the same shall be decided by the concerned Senior Superintendent of Police/ Commissioner of Police, within two months.

9. 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 allowed to the extent men oned above. All pending applica ons, if any, stand disposed.

                                                                                 (ANOOP CHITKARA)
                                                                                     JUDGE
                   07.08.2023
                   Jyo -II


                   Whether speaking/reasoned:                 Yes
                   Whether reportable:                        No.




JYOTI
2023.08.08 13:45
I attest to the accuracy and