Baldev Kumar And Others vs State Of Punjab And Others

Anoop Chitkara, J

Fearing for life and liberty at the hands of the private respondents, the pe oner, invoking the fundamental right of life guaranteed under Article of the Cons tu on of India, has come up before this Court seeking protec on through the State.

No ces 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 no ces to the private respondents is required

If the allega ons 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 protec on to the pe oner for one week from today. However, if the pe oner no longer requires the protec on, then at their request, it may be discon nued even before the expiry of one week. A er that, the concerned officers shall extend the protec on on day-to-day analysis of the ground reali es or upon the oral or wri en request of the pe oner.

This protec on is subject to the stringent condi on that from the me such protec on is given, the pe oner shall not go outside the boundaries of the place of residence, except for medical necessi es, to buy household necessi es, and for bereavements in the families of the close rela ves or close friends. This restric on saves the pe oner from apprehended risk and ensures that the protec on is not flaunted.

It is clarified that there is no adjudica on 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 interroga on of the pe oner is required in any cognizable case. It shall also be open for the pe oner to approach this Court again in case of any fresh threat percep on.

This order shall eclipse a er fi een days from today.

As far as representa on dated 03.08.2023 (Annexure P-2) is concerned, counsel for the Petitioners submits that he would be contented and sa sfied in case direc ons may be issued to respondent No. 2 to decide the representa on dated 03.08.2023 (Annexure P-2) by passing speaking and reasoned order within a me bound manner.

The prayer is not opposed.

Let the representa on dated 03.08.2023 (Annexure P-2) be decided by the Senior Superintendent of Police, District Moga, within two months, either himself/ herself or by authorizing and delega ng it to any officer holding IPS cadre. It is clarified that such order must be a reasoned order, and the same be communicated to counsel for the Petitioners and the representa onists without delay.

In case, the grievance of the pe oner s ll exists, he shall be at liberty to avail legal remedy in accordance with law including approaching this Court.

There would be no need for a cer fied copy of this order, and any Advocate for the Petitioners and State can download this order and other relevant par culars from the official web page of this court and a est it to be a true copy. The concerned officer can also verify its authen city and may download and use the downloaded copy for immediate use.

Petition is allowed to the extent men oned above. All pending applica ons, if any, stand disposed.