Rishi v. State Of Haryana And Others

Rishi v. State Of Haryana And Others

(High Court Of Punjab And Haryana)

CRM-W-719-2021 in/and CWRP-242-2021 (O&M) | 08-07-2021

RAJAN GUPTA, J. (Oral)

1. Case has been heard through video conferencing on account of COVID-19 Pandemic.

2. This matter was originally initiated on a petition being filed by jail inmate-Rishi, who complained that he was not being given proper treatment for Covid in the hospital. Necessary direction was given for the same. In the meanwhile, however, the disease spread and situation became critical. Vide order dated 25.3.2021, this Court, thus, enlarged the scope of this petition and appointed Mr. Rupinder Khosla, Senior Advocate as amicus curiae to assist the Court. Various directions were given by this Court from time to time as the situation demanded and as per assistance/suggestions given by learned amicus curiae, learned State counsel and learned counsel appearing in CRM-W-560-2021. We are happy to note that the directions were carried out and as per Mr. Khosla, learned amicus curiae, inhabitants of the States under jurisdiction of this Court got much needed relief.

3. Admittedly, second wave in this region has now substantially declined and shown downward trend.

4. We, thus, wish to give quietus to the case. We place on record our appreciation for Mr. Khosla, learned senior counsel who examined various issues and assisted the Court and also Mr. Anupam Gupta, learned senior counsel, who appeared in CRM-W-560-2021.

5. In CRM-W-719-2021 moved by Mr. Ishar, on the last date of hearing, following order was passed by this Court : -

“ Present application has been filed for recalling the order dated 27.5.2021 whereby application filed by the applicant was dismissed as withdrawn. It is inexplicable that how the present application is maintainable on the face of Section 362 of the Code of Criminal Procedure.

However, before passing the final order, we seek assistance of learned Advocate General, Haryana to ascertain the antecedents of the applicant whether he has ever espoused any social cause or has a tendency to indulge in frivolous litigation.

Mr. Satya Pal Jain submits that he shall also assist the court in light of the above observations.

Adjourned to 8.7.2021.”

6. Today, Mr. B.R. Mahajan, learned Advocate General, Haryana, has apprised the Court that the applicant has never espoused any social cause and on the other hand, he is a habitual litigant. In LPA-740-2017, while dismissing his LPA, a Division Bench of this Court has imposed ` 50,000/- as costs on him. A copy of the order is taken on record. However, as we have given a quietus to the main case, we do not wish to pass any further order in the application.

7. Disposed of.

Advocate List
Bench
  • HON'BLE MR. JUSTICE RAJAN GUPTA
  • HON'BLE MR. JUSTICE KARAMJIT SINGH
Eq Citations
  • LQ/PunjHC/2021/5927
Head Note