Khushi Ram v. State Of Haryana And Others

CRWP No. 7898 of 2023 2023:PHHC:103770

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No. 7898 of 2023 Date of Decision: 10.08.2023 Khushi Ram ...PeƟƟoner

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Vikram Singh, Advocate for the peƟƟoner.

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

**** ANOOP CHITKARA, J.

Fearing for life and liberty at the hands of the private respondents, the peƟƟoner, invoking the fundamental right of life guaranteed under ArƟcle 21 of the ConsƟtuƟon of India, has come up before this Court seeking protecƟon through the State. 2.

Counsel for the peƟƟoner submits that he would be confining his prayer to the extent of protecƟon of life and liberty of the peƟƟoner at this stage, reserving his right to take other legal remedies for remaining prayers including filing of fresh writ peƟƟon. 3.

NoƟces 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 noƟces to the private respondents is required 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 peƟƟoner for one week from today. However, if the peƟƟoner no longer requires the protecƟon, then at his 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 realiƟes or upon the oral or wriƩen request of the peƟƟoner.

5.

This protecƟon is subject to the stringent condiƟon that from the Ɵme such protecƟon is given, the peƟƟoner shall not go outside the boundaries of the place of residence, except for medical necessiƟes, to buy household necessiƟes, and for JYOTI 2023.08.11 15:40 I attest to the accuracy and integrity of this order/judgment.

CRWP No. 7898 of 2023 2023:PHHC:103770 bereavements in the families of the close relaƟves or close friends. This restricƟon saves the peƟƟoner 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 peƟƟoner is required in any cognizable case. It shall also be open for the peƟƟoner to approach this Court again in case of any fresh threat percepƟon.

7.

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

Liberty reserved to the peƟƟoner to file a fresh representaƟon to the concerned Superintendent of Police/ Commissioner of Police, within fiŌeen days from today. If the peƟƟoner files a representaƟon with in the above-menƟoned Ɵme period of fiŌeen days, then, the same shall be decided by the concerned Superintendent of Police/ Commissioner of Police, within two months. It is clarified that such order must be a reasoned order, and the same be communicated to counsel for the peƟƟoner as well as representaƟonists without delay. In the representaƟon, peƟƟoner to menƟon the email I'd of his counsel so that the concerned officer could communicate them outcome. 9.

There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoner 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 10.08.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2023.08.11 15:40 I attest to the accuracy and integrity of this order/judgment.