Ram Kishan Nagar And Others v. State Of Haryana And Others

CRWP No.1190 of 2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No.1190 of 2022 Date of Decision: 09.02.2022 Ram Kishan Nagar & others

...Petitioner

Versus

State of Haryana & ors.

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Mohit Rathee, Advocate for the petitioners.

Mr. Manish Bansal, DAG, Haryana.

**** ANOOP CHITKARA, J.

Fearing for life and liberty at the hands of the private respondents, the petitioners, invoking the fundamental right of life guaranteed under Article 21 of the Constitution of India, has come up before this Court seeking protection through the State. Notices served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required If the allegations 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 protection to the petitioners for one week from today. However, if the petitioners no longer require the protection, then at their request, it may be discontinued even before the expiry of one week. After that, the concerned officers shall extend the protection on day-to-day analysis of the ground realities or upon the oral or written request of the petitioner.

This protection is subject to the stringent condition that from the time such protection is given, the petitioners shall not go outside the boundaries of the place of residence, except for medical necessities, to buy household necessities, and for bereavements in ASHWANI KUMAR 2022.02.09 13:01 I attest to the accuracy and integrity of this document

CRWP No.1190 of 2022 the families of the close relatives or close friends. This restriction saves the petitioners from apprehended risk and ensures that the protection is not flaunted. In case any of the petitioners apply for leave of the kind, the competent authority shall grant him the same for the period of this order and subsequently, the leave shall also be granted if the SHO extends the protection based on his analysis. It is clarified that there is no adjudication 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 interrogation of the petitioners is required in any cognizable case. It shall also be open for the petitioners to approach this Court again in case of any fresh threat perception.

There would be no need for a certified copy of this order, and any Advocate for the Petitioners and State can download this order and other particulars as may be required from the official web page of this Court and attest it to be a true copy. The concerned officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

Petition is allowed to the extent mentioned above. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE February 09, 2022 AK Whether speaking/reasoned:

Yes Whether reportable:

No.

ASHWANI KUMAR 2022.02.09 13:01 I attest to the accuracy and integrity of this document