Jobandeep Singh Gill v. State Of Punjab And Others
2023:PHHC: 101401 CRWP No.7742-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRWP No.7742-2023 Date of decision: 07.08.2023 Jobandeep Singh Gill
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr.Amandeep Chhabra, Advocate for the petitioner(s). Mr. Shiva Khurmi, AAG, Punjab.
**** ANOOP CHITKARA, J.
Fearing for life and liberty at the hands of the private respondents, the petitioner, 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 alongwith multiple further prayers.
2.
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. 2(a) After arguing for some time, counsel for the petitioner submits that he would be contended and satisfied in case directions be issued to official respondents to protect his life and liberty.
3.
Given above, and also considering the nature of dispute, this Court is inclined to protect the life and liberty of the petitioner. 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 petitioner for one week from today. However, if the petitioner no longer requires the protection, then at his 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. Sonia Arora 2023.08.07 15:52 I attest to the accuracy and integrity of this document
2023:PHHC: 101401 CRWP No.7742-2023 4.
This protection is subject to the stringent condition that from the time such protection is given, the petitioner shall not go outside the boundaries of the place of residence, except for medical necessities, to buy household necessities, and for bereavements in the families of the close relatives or close friends. This restriction saves the petitioner from apprehended risk and ensures that the protection is not flaunted.
5.
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 petitioner is required in any cognizable case. It shall also be open for the petitioner to approach this Court again in case of any fresh threat perception.
6.
This order shall eclipse after fifteen days from today. 7.
There would be no need for a certified copy of this order, and any Advocate for the Petitioner and State can download this order and other relevant particulars 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 immediate use.
Petition is allowed to the extent mentioned above. Qua other prayers, liberty reserved to the petitioner to take other legal remedies available to him in accordance with law. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 07.08.2023 sonia arora Whether speaking/reasoned:
Yes Whether reportable:
No.
Sonia Arora 2023.08.07 15:52 I attest to the accuracy and integrity of this document