Sanjiv Kumar vs State Of Punjab 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 peoner submits that he would be confining his prayer to the extent of protecon of life and liberty of the pe oner at this stage, reserving his right to take other legal remedies for remaining prayers including filing of fresh writ peon.

Noces 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 noces to the priva te respondents is required

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 peoner for o ne week from today. However, if the peoner 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 peoner 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 peoner 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 peoner is required in any cognizable case. It shall also be open for the peoner 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 peoner to file a fresh r epresentaon to the concerned Senior Superintendent of Police/ Commissioner of Police, within fieen days from today. If the peoner files a representaon with in the above-menoned me period of fieen days, then, the same shall be decided by t he concerned Senior 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 Peoner 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.

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