Mahender Singh vs State Of Haryana And Others

Anoop Chitkara, J

Fearing for life and liberty at the hands of the private respondents, the peoner, invoking the fundamental right of life guaranteed under Arcle 21 of the Constuon of India, has come up before this Court seeking protecon through the State.

Counsel for the petition prayer for grant of prot econ of life and liberty of the petition at this stage, reserving his right to take other legal remedies for remaining prayers including filing of fresh peon/representa on.

If the allegaons of apprehension of threat to li fe 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 protecon to the petition for o ne week from today. However, if the petition no longer requires the protecon, then at their request, it may be disconnued even before the expiry of one week. Ae r that, the concerned officers shall extend the protecon on day-to-day analysis o f the ground realies or upon the oral or wrien request of the peoner.

This protecon is subject to the stringent condi on that from the me such protecon is given, the petition shall not go outsi de the boundaries of the place of residence, except for medical necessies, to buy ho usehold necessies, and for bereavements in the families of the close relaves or close friends. This restricon saves the petition from apprehended risk and ensure s that the protecon is not flaunted.

It is clarified that there is no adjudicaon on me rits 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 interrogaon of the petition is required in any cognizable case. It shall also be open for the petition to approach this Court again in case of any fresh threat percepon.

This order shall eclipse aer fieen days from today .

Liberty reserved to the petition to file a fresh r epresentaon to the concerned Superintendent of Police/ Commissioner of Police, within fieen days from today. If the petition files a representaon with in the above-men oned me period of fieen days, then, the same shall be decided by the concerned Superintendent of Police/ Commissioner of Police, within two months.

There would be no need for a cerfied copy of this o rder, and any Advocate for the Petition and State can download this order and othe r relevant parculars from the official web page of this court and aest it to be a true copy. The concerned officer can also verify its authencity and may download and us e the downloaded copy for immediate use.

Petition is allowed to the extent menoned above . All pending applicaons, if any, stand disposed.