Balwinder Kaur And ANR. v. State Of Punjab And ORS.

CRWP No.10382 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP No. 10382 of 2024 Date of Decision: 14.11.2024 Balwinder Kaur and another ...PeƟƟoners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. R.D. RaƩewal, Advocate for the peƟƟoners.

Mr. Akshay Kumar, A.A.G., Punjab.

**** ANOOP CHITKARA, J.

Apprehending for life and liberty at the hands of the private respondents, the peƟƟoners, invoking the fundamental right of life guaranteed under ArƟcle 226 of the ConsƟtuƟon of India, have come up before this Court seeking protecƟon through the State.

2.

Reply filed by State counsel is taken on record. 3.

Given the nature of the order that this Court proposes to pass, neither the response of private respondents nor the issuance of noƟces to them is required. 4.

The concerned SHO to assess threat percepƟon of the peƟƟoners. If the concerned SHO finds threat percepƟon to be true, then he may provide protecƟon to the peƟƟoner on the basis of day to day analysis. 5.

The protecƟon is subject to the stringent condiƟon that from the Ɵme such protecƟon is given, the peƟƟoners shall refrain from aƩending parƟes, bars, picnics or any area that may pose a risk to their life. The SHO should send police officer(s) to peƟƟoners' home to assess the required level of security. Once the assessment is done, the officer should provide adequate security without the peƟƟoners having to contact them.

Jyoti Sharma 2024.11.18 13:57 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRWP No.10382 of 2024 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 peƟƟoners is required in any cognizable case. It shall also be open for the peƟƟoners to approach this Court again in case of any fresh threat percepƟon.

7.

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

Since this order shall eclipse aŌer fiŌeen days, therefore, if any PSO is deputed, in that case the concerned PSO shall also return back. AŌer that, if the concerned officer wants to provide any further security, he/she may provide at his/her own level and not based on the order of this Court. 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 disposed of to the extent menƟoned above. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 14.11.2024 JyoƟ Sharma Whether speaking/reasoned :

Yes Whether reportable :

No.

Jyoti Sharma 2024.11.18 13:57 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh