Jaswinder Kaur v. State Of Punjab And Others

2023:PHHC: 106835 CRWP No.8117-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No.8117-2023 Date of decision: 18.08.2023 Jaswinder Kaur

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Sahil Arora, Advocate for Mr. Vivek Baghla, Advocate the petitioner(s). Mr. Shiva Khurmi, AAG, Punjab.

**** ANOOP CHITKARA 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. 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 3.

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 her 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.

4.

This protection is subject to the condition that the petitioner shall avoid visiting neighbourhood of residential place of respondent No.5, in case of violation, this order of protection stands recalled automatically without any further reference to this Court. 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 Sonia Arora 2023.08.18 14:24 I attest to the accuracy and integrity of this document

2023:PHHC: 106835 CRWP No.8117-2023 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. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 18.08.2023 sonia arora Whether speaking/reasoned:

Yes Whether reportable:

No.

Sonia Arora 2023.08.18 14:24 I attest to the accuracy and integrity of this document