Harinder Kaur And Another vs State Of Punjab And Others

Anoop Chitkara, J

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

Bar is abstaining from work.

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 petitioners for one week from today. However, if the petitioners 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 petitioners.

This protection is subject to the stringent condition that from the time such protection is given, the petitioners shall not go outside the boundaries of the place of residence, except for medical necessities, to buy household necessities, and for bereavements in the families of the close relatives or close friends. This restriction saves the petitioners from apprehended risk and ensures that the protection is not flaunted.

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 petitioners 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.

Let the representation Annexure P-2 be decided by respondent No. 2- Commissioner of Police, Jalandhar, who, within seven working days shall consider either deciding themselves or delegating the same to any officer holding IPS cadre. After that, the representation is to be decided within thirty working days by passing a speaking and reasoned order, and the same will be communicated to the representationists without delay.

Liberty reserved to the petitioners to file fresh petition or to take other legal remedies in accordance with the law.

It is clarified that there is no adjudication on merits. It is further clarified that this order shall not come in the way if the interrogation of the petitioners is required in any cognizable case.

This order qua protection shall eclipse after one month from today.

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.