Balwinder Kaur And ANR v. State Of Haryana And ORS

In the High Court for the States of Punjab and Haryana At Chandigarh CRWP-550-2021 (O&M) Date of Decision:-21.1.2021 Balwinder Kaur and another ... Petitioners

Versus

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Krishan Singh, Advocate for the petitioners. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioners have approached this Court seeking issuance of directions to official respondents to protect their lives as they apprehend threat to the same at the hands of private respondents.

2.

Learned counsel for the petitioners has submitted that the petitioners had earlier approached the Court of Sessions seeking protection but since the private respondents namely Jagir Singh, Neera, Bala Devi, Virender, Mahindro and Amit had made a statement that they will not cause any harm to the petitioners, the said petition came to be withdrawn. It has been submitted that subsequent to withdrawal of the said petition, the said private respondents have again been threatening to cause harm to them. 3.

In view of the aforestated position, the petition is disposed of with liberty to the petitioners to approach the District and Sessions Judge concerned seeking PANKAJ KAKKAR 2021.01.21 19:08 I attest to the accuracy and integrity of this document

( 2 ) CRWP-550-2021 (O&M) appropriate directions especially in view of judgment dated 25.7.2012 rendered by Division Bench of this Court in CWP No.6717 of 2009 titled Asha and another Vs. State of Haryana and others, 2012 SCC OnLine P&H 12746.

4.

Meanwhile, till the petitioners are able to approach the Court of District and Sessions Judge concerned, for the purpose of filing the requisite petition, which they would be expected to file in a day or two, the petitioners may approach the nearest Police Station for seeking protection till they file the petition before District Judge. Upon being approached, the SHO concerned shall examine the alleged threat perception and ensure that no harm is caused to petitioners till they are able to approach the District Judge concerned and till the matter is put up before him.

5.

The petitioners may also seek assistance from the office of Secretary, District Legal Services Authority (DLSA) of the district concerned for the purpose of filing of petition seeking appropriate directions. The Secretary, DLSA shall render all the assistance as may be possible including providing of 'free legal aid', to which the petitioners may be entitled to. The SHO, concerned shall also apprise the petitioners about their rights to avail assistance from office of District Legal Services Authority of the district concerned. 6.

The petition stands disposed of accordingly.

21.1.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.01.21 19:08 I attest to the accuracy and integrity of this document