Hakam Singh And Others v. State Of Punjab And Others

2023:PHHC:101632

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-8055-2022 Date of Decision: 07.08.2023 Hakam Singh and others ......... PeƟƟoners

Versus

State of Punjab and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Priyavrat Prashar, Advocate for the peƟƟoners. Mr. Karunesh Kaushal, AAG, Punjab.

**** ANOOP CHITKARA, J. (ORAL) The present peƟƟon has been filed under ArƟcle 226/227 of the ConsƟtuƟon of India for issuance of necessary writ in the nature of Mandamus for direcƟng respondents No. 1 and 2 to protect the life and liberty of the peƟƟoners from the hands of respondent No. 3.

2.

Counsel for the peƟƟoners submits that respondent No. 3 is on bail and involved in many criminal cases and the peƟƟƟoner apprehends threat from him. 3.

Although, a co-ordinate Bench of this Court had granted protecƟon to the peƟƟoners which is sƟll conƟnuing. However, considering the fact that the protecƟon cannot be given for unlimited period of Ɵme, as such, this Court is passing the following order:- (i) 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-to-day analysis of the ground JYOTI 2023.08.09 14:20 I attest to the accuracy and integrity of this order/judgment.

realiƟes or upon the oral or wriƩen request of the peƟƟoners.

CRWP-8055-2022 -22023:PHHC:101632 (ii) 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, to buy household necessiƟes, and for bereavements in the families of the close relaƟves or close friends. This restricƟon saves the peƟƟoners from apprehended risk and ensures that the protecƟon is not flaunted. (iii) 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. 4.

The concerned Senior Superintendent of Police is also directed to enquire the allegaƟons of threatening against respondent No. 3 and in case, he finds the allegaƟons are correct then the State shall ensure that life of the peƟƟoner is protected. State as well as peƟƟoner shall be at liberty to file an applicaƟon for cancellaƟon of bail of respondent No. 3 in all those cases in which he is involved. 5.

Given above, the present peƟƟon stands disposed of. This order shall eclipse aŌer fiŌeen days from today. All pending miscellaneous applicaƟons, if any, stand disposed of.

6.

All interim orders passed by this Court are recalled. (ANOOP CHITKARA) JUDGE 07.08.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.08.09 14:20 I attest to the accuracy and integrity of this order/judgment.