Simranjit Kaur v. State Of Punjab And Others

CRWP-12128-2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No.12128-2021 Date of Decision: 23.12.2021 Simranjit Kaur

...Petitioner

Versus

State of Punjab & others

...Respondent

CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Kuljit Singh Bal, Advocate for the petitioner(s).

Mr. H.S. Sitta, AAG, Punjab.

*** ANOOP CHITKARA, J. (Oral).

Fearing for life and liberty at the hands of the private respondents, the petitioner has come up before this Court seeking protection through the State, invoking the fundamental right of life guaranteed under Article 21 of the Constitution of India.

Notices served upon the official respondents through the State's counsel. Given, the nature of the order this Court proposes to pass, there is no requirement to issue notices to the private respondents. If the allegations of apprehension of threat to their lives are found 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 has been authorized in this regard, grants protection to the petitioners for one week from today. However, if the ASHWANI KUMAR 2021.12.23 17:03 I attest to the accuracy and integrity of this document

CRWP-12128-2021 petitioner no longer requires the protection, it may be discontinued even prior to the expiry of one week. After that, the concerned officers shall extend the protection on day-to-day analysis of the ground realities upon the oral or written request of the petitioner.

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 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. It is clarified that there is no adjudication on merits. It shall also be open for the petitioner to approach this Court again in case of any fresh threat perception. It is also clarified 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 petitioner's interrogation is required in any cognizable case. The petition is disposed of in terms mentioned above. December 23, 2021 ( ANOOP CHITKARA ) AK JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No ASHWANI KUMAR 2021.12.23 17:03 I attest to the accuracy and integrity of this document