WPCRL/565/2022
2022 Latest Caselaw 1085 UK

           IN THE HIGH COURT OF UTTARAKHAND
                                 AT NAINITAL
                         SRI JUSTICE S.K. MISHRA, A.C.J.

                                         AND

                              SRI JUSTICE R.C. KHULBE, J.

WRIT PETITION (CRL) NO. 565 OF 2022

04TH APRIL, 2022

BETWEEN:

Swami Shukdevanand Trust Parmarth Niketan & another .....Petitioners.

And

State of Uttarakhand & others ....Respondents.

Counsel for the Petitioners : Mr. Vimal Wadhawan and Mr. D.C.S. Rawat, learned counsel.

Counsel for the Respondents : Mr. J.S. Virk, learned Deputy Advocate General for the State.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT :(per Sri S.K. Mishra, A.C.J.)

In this writ petition, the petitioners have prayed for

the following reliefs:-

"i. a writ, order or direction in the nature of mandamus commanding and directing the respondent Nos.1 to 3 to give adequate security to protect the property and lives of the people living and visiting Parmarth Niketan managed by the petitioner No.1 and to ensure that no harm is be caused to the petitioners by any agitating people, otherwise the petitioners will suffer a great loss and hardship which cannot be compensated by any other means.

ii. Issue a writ, order or direction in the nature of mandamus commanding and directing respondent no.1 to issue an advisory to all the district chiefs in the State of Uttarkhand to ensure that the atmosphere of hatred or

defamation is not permitted in any district of the State of Uttarakhand against the petitioner No.1 and/or Swami Chidanand Sarawati, the President of Parmarth Niketan and to take strict action against the violators of such advisory.

iii. Pass any other and further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case".

2. The learned counsel for the petitioners, submits

that on 29.03.2022, the petitioner no.1 has already made a

representation before the Senior Superintendent of Police,

Pauri Garhwa for protecting the lives of the petitioners, a

copy whereof is annexed as Annexure No.5 to this writ

petition, but nothing has been done as yet. Having been left

with no other remedy, the petitioners have filed the present

writ petition.

3. In that view of the matter, we dispose of the writ

petition by directing the Station House Officer, P.S. Laxman

Jhula, District Pauri Garhwal to provide protection for twenty-

one days to the lives and liberty of the petitioners. In the

meantime, the Senior Superintendent of Police, Pauri

Garhwal-respondent No.2 shall take a decision on the

representation of the petitioners (Annexure No.5) after taking

appropriate information from the S.H.O. concerned or any

other reliable sources.

4. We are also of the considered view that the Prayer

No.2, as prayed by the petitioners, cannot be granted.

5. Let a free copy of this order be immediately handed

over to Mr. J.S. Virk, learned Deputy Advocate General for

the State of Uttarakhand, for early compliance.

6. Urgent copy of this order be supplied to the learned

counsel for the parties, as per Rules.

(S.K. MISHRA, A.C.J.)

(R.C. KHULBE, J.) Dated: 04TH April, 2022 NISHANT