Tejinder Singh Aujla v. State Of Haryana And Others

CRWP-10678-2023 2023:PHHC: 156420

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-10678-2023 (O&M) Date of order: 07.12.2023 Tejinder Singh Aujla ... Petitioner(s)

Versus

State of Haryana & others

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Sanjiv Gupta, Advocate for the petitioner(s).

Ms. Shubhra Singh, Addl.A.G., Haryana.

*** 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. 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 their 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 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 ASHWANI KUMAR 2023.12.08 12:44 I attest to the accuracy and authenticity of this order/judgment

CRWP-10678-2023 2023:PHHC: 156420 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 thirty days from today. 7.

At this stage, counsel for the petitioner has submitted that he had also filed a representation dated 15.9.2023 (Annexure P-12) to respondent no.3-Superintendent of Police, Fatehabad, which is still pending.

8.

Without commenting anything on the merits of the case, respondent no.3 is directed to decide the representation dated 15.09.2023 in accordance with law within a period of 15 days from the date of receipt of a copy of this order. 9.

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 December 07, 2023 AK Whether speaking/reasoned :

Yes Whether reportable :

Yes ASHWANI KUMAR 2023.12.08 12:44 I attest to the accuracy and authenticity of this order/judgment