Dismissed

Sant Harcharan Dass and Anr. v. State of Punjab & Ors.

Punjab & Haryana HC9 Feb 2012CWP/20294/2011

Case brief

AI extract

What is this about?

This Court dismissed a writ petition filed by Dera Chief and others seeking mandamus for protection of life and liberty. The State Counsel submitted that recorded statements indicated no threat perception. Finding the petition infructuous due to absence of threat, the Court disposed of the matter without issuing any writ.

What did the court decide?

The petition was rendered infructuous and stood disposed of as there was no threat perception to the life and liberty of the petitioners.

Sant Harcharan Dass and Anr… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2012)

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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

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CWP No.20294 of 2011 (O & M) Date of Decision: February 09, 2012.

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Sant Harcharan Dass and another

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....Petitioners

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Versus

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State of Punjab and others

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.... Respondents

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CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL

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Present: Mr. K.V.S. Ahluwalia, Advocate, for the petitioners.

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Mr. Jaswinder Singh, DAG, Punjab.

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AJAY KUMAR MITTAL, J.

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The petitioners have approached this Court by way of present writ petition filed under Articles 226/227 of the Constitution of India seeking issuance of a writ of mandamus directing respondents No.1 to 4 to protect their life and liberty. It has further been averred in the petition that respondent No.5 and his associates be restrained from interfering in the life and liberty and harassing the petitioners. 2. Upon notice having been issued to the respondents, learned State counsel has filed reply on their behalf, wherein it has been stated that the statements of the petitioners, their relatives and respondent No.5 have been recorded, which clearly show that there is no threat perception and danger to the life and liberty of the petitioners. Preliminary submission No.1 reads as under:

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“ 1. That Sant Harcharan Dass petitioner No.1 is

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the Dera Chief of Shri Bapu Mangal Dass Ji and vide resolution dated 07.12.2009 passed under the supervision of Baba Nirmal Dass of Shri Guru Ravi Dass Sampardayak Society Retd. It was resolved that Sant Harcharan Singh Ji can get himself married at any time he wants, for which the Dera had no objection. Consequently, Sant Harcharan Singh petitioner No.1 performed Anand Kaaraj with Sandeep Kaur petitioner No.2 on 29.10.2011 as per Anand Kaaraj certificate. Now the petitioners apprehend threats perception and danger to their life and liberty. The petitioners have added with the petition two representations alleged to have been submitted to the Senior Superintendent of Police, Rural but no such representation dated 29.10.2011 and 31.10.2011 have been received in his office. However, although there does not exist any threat perception to their life and liberty, yet in case he feels the necessity of any security, he can approach answering respondents and legal action with be taken as permissible according to law. In this regard the statements of the petitioners, their relatives and respondent No.5 have been recorded which clearly shows that there is no threat perception and danger to their life and liberty of the petitioners.

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The said fact is not disputed by learned counsel for the petitioners. In view thereof, the present petition has been rendered infructuous and the same stands disposed of as such.

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(AJAY KUMAR MITTAL) JUDGE

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February 09, 2012 sukhpreet

Sant Harcharan Dass and Anr. v. State of Punjab & Ors.

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Sant Harcharan Dass and Anr. v. State of Punjab & Ors.

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