Sarabjit Kaur And Another v. State Of Punjab And Others

CRWP No.10771 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP No. 10771 of 2024 Date of Decision: 11.11.2024 Sarabjit Kaur and another ...PeƟƟoners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Rahul Garg, Advocate for the peƟƟoners.

Mr. Sukhdev Singh, 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.

NoƟces 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 noƟces to the private respondents is required. State counsel submits that the present peƟƟon is not maintainable as peƟƟoner No.2 is stated to be in custody of respondent No.4.

3.

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 on the basis of day to day analysis. It is clarified that separate protecƟon shall be assessed for the peƟƟoners and shall be provided where they are residing currently, if any requirement of protecƟon is made out.

4.

This protecƟon for peƟƟoner No.1 is subject to the stringent condiƟon that from the Ɵme such protecƟon is given, the peƟƟoner No.1 shall not go outside the boundaries of the place of residence, except for medical necessiƟes, to buy household necessiƟes and for bereavements in the families of the close relaƟves or close friends. Jyoti Sharma 2024.11.14 10:50 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRWP No.10771 of 2024 This restricƟon saves the peƟƟoner No.1 from apprehended risk and ensures that the protecƟon is not flaunted.

5.

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 peƟƟoner No.1 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.

6.

This order shall eclipse aŌer fiŌeen days from today. 7.

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 Senior Superintendent of Police wants to provide any further security, he/she may provide at his/her own level and not based on the order of this Court. 8.

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 11.11.2024 JyoƟ Sharma Whether speaking/reasoned :

Yes Whether reportable :

No.

Jyoti Sharma 2024.11.14 10:50 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh