Punjab-Haryana High Court
Abhishek Kumar And Another vs State Of Punjab And Others on 10 April, 2024
2024:PHHC:048794
CRWP-3245-2024 1
126 (THROUGH VIDEO CONFERENCING)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CRWP-3245-2024
Date of Decision: 10.04.2024
Abhishek Kumar and another ...Petitioners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present : Ms. Harpreet Maini, Advocate
for the petitioners (through video conferencing).
***
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 to 12.
2. In the context of threat perception at the hands of private
respondents No.4 to 12, the petitioners have already moved representation
dated 08.04.2024 (Annexure P-3) to respondent No.2- Senior Superintendent
of Police, District Barnala, 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. On asking of the Court, Ms. Manjot Kaur, AAG, Punjab, who
is present in court, accepts notice on behalf of State-respondents No.1 to 3.
authenticity of this document/judgment
2024:PHHC:048794
5. 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
respondents.
6. 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.
7. 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 Barnala to look into the
representation dated 08.04.2024 (Annexure P-3).
8. 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 petitioners shall be looked into by the respondent authorities.
9. 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 Barnala; is
directed to look into the representation dated 08.04.2024 (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 petitioners are not
jeopardized at the hands of private respondents.
10. However, this order shall also not be taken to protect the
petitioners from legal action for violation of law, if any, committed by them
authenticity of this document/judgment
2024:PHHC:048794
and will have no effect on any civil or criminal action, which could be
initiated in the matter in accordance with law.
11. Present petition stands disposed of.
April 10, 2024 (HARSH BUNGER)
Himani JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
authenticity of this document/judgment
