Pritpal Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 03.10.2022 PRITPAL SINGH

...Petitioner

Versus

STATE OF PUNJAB AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Bhupinder Bir Singh Randhawa, Advocate for the petitioner.

HARSH BUNGER, J. (ORAL) 1.

By way of this petition, the petitioner seeks protection of his life and personal liberty, which is allegedly threatened at the hands of respondents No.4 to 6.

2.

In the context of threat perception at the hands of private respondents No.4 to 6, petitioner has allegedly moved representation dated 04.07.2022 (Annexure P-1) and thereafter, reminder dated 03.08.2022 (Annexure P-2) to respondent No.2- Senior Superintendent of Police, Police District Batala, District Gurdaspur, wherein, the apprehension to his life & liberty has been expressed, however, it is stated that no action has been taken. 3.

Notice of motion at this stage only to the official respondents is being issued.

4.

Advance copy of the paper book has already been supplied to learned State counsel by the learned counsel for the petitioner. On asking of the

-2Court, Mr. Luvinder Sofat, Deputy Advocate General, Punjab, who is present in court, accepts notice on behalf of State-respondents No.1 to 3. 5.

Given the nature of the order being passed, there is no necessity to seek any response by the official respondents or even to serve the private respondents No. 4 to 6.

6.

Having heard learned counsel for the petitioner, as also the learned State counsel, I am of the considered view that every citizen is entitled to protection/enforcement of fundamental rights as envisaged under Constitution of India. It is the bounden duty of the State to protect the life & liberty of every citizen as enshrined under Article 21 of the Constitution of India.

7.

Learned counsel for the petitioner submits that the petitioner will be satisfied, at this stage, in case a direction is issued to respondent No. 2 to look into the representation dated 04.07.2022 (Annexure P-1) and reminder dated 03.08.2022 (Annexure P-2).

8.

In response, learned State counsel submits no objection to the said course of action and states that the claim/grievance of the petitioner shall be looked into by the respondent authorities.

9.

In view of above, without expressing any opinion on the merits of the case or the claim being made by the petitioner in the representation, respondent No.2-Senior Superintendent of Police, Police District Batala, District Gurdaspur; is directed to look into the representation dated 04.07.2022 (Annexure P-1) and reminder dated 03.08.2022 (Annexure P-2); qua threat perception, if any, and take necessary steps, if any required,

-3in accordance with law, to ensure that life and liberty of the petitioner is not jeopardized at the hands of private respondents. 10.

However, this order shall also not be taken to protect the petitioner from legal action for violation of law, if any, committed by him and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law.

11.

Present petition stands disposed of.

October 03, 2022 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No