Mehar Kaur And Another v. State Of Haryana And Others

CRWP No. 281 of 2023 2023:PHHC:096547

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No.281 of 2023 (O&M) Date of Decision: 28.07.2023 Mehar Kaur and another ...PeƟƟoners

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Anil Kumar Lamdharia, Advocate for Mr. Vikas Chaudhary, Advocate the peƟƟoners.

Mr. Rajat Gautam, Addl. A.G. Haryana.

Mr. H.P.S. Sandhu, Advocate and Mr. H.V. Gupta, Advocate for respondents No. 6 and 7. **** ANOOP CHITKARA, J.

Fearing for life and liberty at the hands of the private respondents, the peƟƟoners, invoking the fundamental right of life guaranteed under ArƟcle 21 of the ConsƟtuƟon of India, have come up before this Court seeking protecƟon through the State. PeƟƟoner No. 1, who is a woman, aged 88 years has unfortunately to take the shelter of this Court to save her life.

2.

Reply dated 24/25.07.2023 filed by State counsel today in the Court is taken on record.

3.

At this stage, counsel for the private respondents states on instrucƟons that they assure that there is nothing to fear from them and assumpƟon of threat is absolutely misconceived. However, counsel for the peƟƟoners submits that this assurance is false. 4.

If the allegaƟons 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 protecƟon to the peƟƟoners for one week from today. However, if the peƟƟoners no longer requires the protecƟon, then at their request, it may be disconƟnued even before the expiry of one week. AŌer that, the concerned officers shall extend the protecƟon on day-toJYOTI 2023.07.28 16:23 I attest to the accuracy and integrity of this order/judgment.

day analysis of the ground realiƟes or upon the oral or wriƩen request of the peƟƟoners.

CRWP No. 281 of 2023 2023:PHHC:096547 5.

This protecƟon is subject to the stringent condiƟon that from the Ɵme such protecƟon is given, the peƟƟoners shall not go outside the boundaries of the place of residence, except for medical necessiƟes. This restricƟon saves the peƟƟoners from apprehended risk and ensures that the protecƟon is not flaunted. 6.

It is clarified that there is no adjudicaƟon 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 interrogaƟon of the peƟƟoners is required in any cognizable case. It shall also be open for the peƟƟoners to approach this Court again in case of any fresh threat percepƟon. 7.

This order shall eclipse aŌer fiŌeen days from today. 8.

There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoners and State can download this order and other relevant parƟculars from the official web page of this court and aƩest it to be a true copy. The concerned officer can also verify its authenƟcity and may download and use the downloaded copy for immediate use. PeƟƟon is allowed to the extent menƟoned above. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 28.07.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2023.07.28 16:23 I attest to the accuracy and integrity of this order/judgment.