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Sarabjit Kaur And Another v. State Of Punjab And Others

Sarabjit Kaur And Another
v.
State Of Punjab And Others

(High Court Of Punjab And Haryana)

CRWP-6395-2023 | 28-06-2023


HARSH BUNGER, J.

1. By way of this petition, the petitioners seek protection of the life and personal liberty, which is allegedly threatened at the hands of respondents No.4 and 5.

2. In the context of threat perception at the hands of private respondents No.4 and 5, the petitioner has allegedly moved representation dated 20.06.2023 (Annexure P-3) to respondent No.3- Station House Officer, Police Station Guruharsahai, District Ferozepur (Punjab), wherein, the apprehension to their life and liberty has been expressed; however, it is stated that no action has been taken.

3. Notice of motion at this stage only to the official respondents is being issued.

4. Advance copy of the paper book has already been supplied to learned State counsel by the learned counsel for the petitioner. On asking of the Court, Mr. Inderpreet Singh Kang, AAG, Punjab, who is present in court, accepts notice on behalf of State-respondents No.1 to 3.

5. Mr. Kuldip Singh, Advocate appears and files Vakalatnama on behalf of the respondent No.4 in Court today, which is taken on record, subject to all just exceptions.

6. Given the nature of the order being passed, there is no necessity to seek any response by the official respondents or even to serve the private respondent No. 5.

7. Having heard learned counsel for the petitioners, as also the learned State counsel, I am of the considered view that every citizen is entitled to protection/enforcement of fundamental rights as envisaged under Constitution of India. It is the bounden duty of the State to protect the life and liberty of every citizen as enshrined under Article 21 of the Constitution of India.

8. Learned counsel for the petitioners submits that the petitioners will be satisfied, at this stage, in case a direction is issued to respondent No.2 i.e. Senior Superintendent of Police, District Ferozepur (Punjab) to look into the representation dated 20.06.2023 (Annexure P-3).

9. In response, learned State counsel submits that he has no objection to the said course of action and states that the claim/grievance of the petitioner shall be looked into by the respondent authorities.

10. In view of above, without expressing any opinion on the merits of the case or the claim being made by the petitioners in the representation, respondent No.2-Senior Superintendent of Police, District Ferozepur, Punjab; is directed to look into the representation dated 20.06.2023 (Annexure P-3) qua threat perception, if any, and take necessary steps, if any required, in accordance with law, to ensure that life and liberty of the petitioner is not jeopardized at the hands of private respondents.

11. However, this order shall also not be taken to protect the petitioner from legal action for violation of law, if any, committed by them and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law.

12. Present petition stands disposed of.

Advocates List

Petitioner/Plaintiff/Appellant (s) Advocates

Mr. Anil Kumar Bhardwaj, Advocate assisted by Mr. Kuldeep Sharma, Advocate for the petitioners.

Respondent/Defendant (s)Advocates

none

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE HARSH BUNGER

Eq Citation

NON-REPORTABLE

2023/PHHC/082568

LQ/PunjHC/2023/5806

HeadNote

Constitution of India — Arts. 21 and 32 — Protection of life and personal liberty — Petitioner seeking protection of life and personal liberty which is allegedly threatened at the hands of private respondents — Representation moved by petitioner to respondent No3 Station House Officer Police Station Guruharsahai District Ferozepur Punjab wherein the apprehension to their life and liberty has been expressed, however no action taken — Held, every citizen is entitled to protection/enforcement of fundamental rights as envisaged under Constitution of India — It is the bounden duty of the State to protect the life and liberty of every citizen as enshrined under Art. 21 of the Constitution of India — Respondent No2 Senior Superintendent of Police District Ferozepur Punjab directed to look into the representation qua threat perception if any and take necessary steps if any required in accordance with law to ensure that life and liberty of the petitioner is not jeopardized at the hands of private respondents — However this order shall also not be taken to protect the petitioner from legal action for violation of law if any committed by them and will have no effect on any civil or criminal action which could be initiated in the matter