Punjab-Haryana High Court
Sarabjit Kaur And Anr vs State Of Punjab And Others on 28 June, 2023
2023:PHHC:082568
CRWP-6395-2023 1
118
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-6395-2023
Date of Decision: 28.06.2023
Sarabjit Kaur and another ...Petitioners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present : Mr. Anil Kumar Bhardwaj, Advocate assisted by
Mr. Kuldeep Sharma, Advocate
for the petitioners.
HARSH BUNGER, J. (ORAL)
1. By way of this petition, the petitioners seek protection of the
life and personal liberty, which is allegedly threatened at the hands of
respondents No.4 and 5.
2. In the context of threat perception at the hands of private
respondents No.4 and 5, the petitioner has allegedly moved representation
dated 20.06.2023 (Annexure P-3) to respondent No.3- Station House
Officer, Police Station Guruharsahai, District Ferozepur (Punjab), wherein,
the apprehension to their life and liberty has been expressed; however, it is
stated that no action has been taken.
3. Notice of motion at this stage only to the official respondents is
being issued.
4. Advance copy of the paper book has already been supplied to
learned State counsel by the learned counsel for the petitioner. On asking of
the Court, Mr. Inderpreet Singh Kang, AAG, Punjab, who is present in
court, accepts notice on behalf of State-respondents No.1 to 3.
HIMANI GUPTA
2023.06.28 16:58
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
2023:PHHC:082568
5. Mr. Kuldip Singh, Advocate appears and files Vakalatnama on
behalf of the respondent No.4 in Court today, which is taken on record,
subject to all just exceptions.
6. Given the nature of the order being passed, there is no necessity
to seek any response by the official respondents or even to serve the private
respondent No. 5.
7. Having heard learned counsel for the petitioners, as also the
learned State counsel, I am of the considered view that every citizen is
entitled to protection/enforcement of fundamental rights as envisaged under
Constitution of India. It is the bounden duty of the State to protect the life
and liberty of every citizen as enshrined under Article 21 of the Constitution
of India.
8. Learned counsel for the petitioners submits that the petitioners
will be satisfied, at this stage, in case a direction is issued to respondent
No.2 i.e. Senior Superintendent of Police, District Ferozepur (Punjab) to
look into the representation dated 20.06.2023 (Annexure P-3).
9. In response, learned State counsel submits that he has no
objection to the said course of action and states that the claim/grievance of
the petitioner shall be looked into by the respondent authorities.
10. In view of above, without expressing any opinion on the merits
of the case or the claim being made by the petitioners in the representation,
respondent No.2-Senior Superintendent of Police, District Ferozepur,
Punjab; is directed to look into the representation dated 20.06.2023
(Annexure P-3) qua threat perception, if any, and take necessary steps, if
any required, in accordance with law, to ensure that life and liberty of the
petitioner is not jeopardized at the hands of private respondents.
HIMANI GUPTA
2023.06.28 16:58
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
2023:PHHC:082568
11. However, this order shall also not be taken to protect the
petitioner from legal action for violation of law, if any, committed by them
and will have no effect on any civil or criminal action, which could be
initiated in the matter in accordance with law.
12. Present petition stands disposed of.
June 28, 2023 (HARSH BUNGER)
Himani JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
HIMANI GUPTA
2023.06.28 16:58
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
