Allowed

Parveen Kumar v. State of Punjab and Others

Punjab & Haryana HC22 Aug 2023CRWP/2683/2023

Case brief

AI extract

What is this about?

The Court granted temporary protection of life and liberty to the petitioner, restricting him to his residence and specific locations for one week, explicit from the threat perception without a blanket bail.

What did the court decide?

Temporary protection for one week within specific boundaries; liberty reserved to file a representation for a further reasoned order by the executive.

Parveen Kumar Vs State of Punj… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2023)

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2023:PHHC: 108817

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CRWP No.2683-2023

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105 IN THE HIGH COURT OF PUNJAB AND HARYANA

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AT CHANDIGARH

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CRWP No.2683-2023 Date of decision: 22.08.2023

Parveen Kumar

...Petitioner

Versus

State of Punjab and others …Respondents

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Bhrigu Agnihotri, Legal Aid Counsel for the petitioner.

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Mr. Shiva Khurmi, AAG, Punjab.

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ANOOP CHITKARA

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

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Counsel for the petitioner submits that he would be confining his prayer to the extent of protection of life and liberty of the petitioner at this stage, reserving his rights to take other legal remedies for remaining prayers including filing of fresh writ petition.

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Notices 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 notices to the private respondents is required.

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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 petitioner for one week from today. However, if the petitioner no longer requires the protection, then at his 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 petitioner.

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This protection is subject to the stringent condition that from the time such protection is given, the petitioner shall not go outside the boundaries of the place of

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Sonia Arora 2023.08.23 12:56 I attest to the accuracy and integrity of this document

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2023:PHHC: 108817

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CRWP No.2683-2023

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residence, except for medical necessities, at the place of work i.e. his shop and for bereavements in the families of the close relatives or close friends. This restriction saves the petitioner from apprehended risk and ensures that the protection is not flaunted.

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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 petitioner 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.

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7. This order shall eclipse after fifteen days from today .

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Liberty reserved to the petitioner to file a fresh detailed representation by mentioning his communication ID i.e. e-mail to the concerned Senior Superintendent of Police/Commissioner of Police, within fifteen days from today. If the petitioner files a representation within the above-mentioned time period of fifteen days, then, the same shall be decided by the concerned Senior Superintendent of Police/Commissioner of Police or by authorizing and delegating it to any officer holding IPS cadre, within two months. Order so passed must be reasoned one and communicate to the petitioner on his e-mail id.

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Legal Aid counsel is entitled for fee as per Rules.

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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.

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Petition is allowed to the extent mentioned above . All pending applications, if any, stand disposed.

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(ANOOP CHITKARA) JUDGE

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22.08.2023 sonia arora Whether speaking/reasoned: Yes Whether reportable: No.

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Sonia Arora 2023.08.23 12:56 I attest to the accuracy and integrity of this document

Parveen Kumar v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Parveen Kumar v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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