Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Gurindesh Sandhu v. State Of Punjab And Others

Gurindesh Sandhu v. State Of Punjab And Others

(High Court Of Punjab And Haryana)

CRWP No. 2901 of 2022 | 31-03-2022

ANOOP CHITKARA, J.

1. 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.

2. 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.

3. 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 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 petitioner.

4. 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 residence, except for medical necessities, to buy household necessities, and forbereavements 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.

5. 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.

6. It is also clarified that the protection order would be applicable only when the petitioner remains within the boundary of her house in the village. The moment she violated, the protection will be withdrawn automatically. It is further clarified that in case the petitioner wants to harvest her crops with these PSO, then the protection shall not be given.

7. 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.

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

Advocate List
  • Ms. G.K. Mann, Senior Advocate with Mr. Scheherazade Sandhu and Mr. Maan Akashdeep Singh, Advocate

  • Mr. Rana Harjasdeep Singh, DAG, Punjab.

Bench
  • HON'BLE MR. JUSTICE ANOOP CHITKARA
Eq Citations
  • NON REPORTABLE
  • LQ/PunjHC/2022/8141
Head Note

Human and Civil Rights — Right to Life and Personal Liberty — Protection to life and liberty — Fearing for life and liberty at the hands of private respondents, petitioner, invoking fundamental right to life under Art. 21, Constitution S. 144 CrPC and S. 107 IPC, Constitution of India, Arts. 21 and 32