Brahma And Another vs State Of Haryana And Others

Sanjay Vashisth, J

Members of the Bar are abstaining from work today.

Prayer in the instant petition, filed by the petitioners, under Article 226 of the Constitution of India, is for issuance of directions to respondents Nos. 2 to 4, to provide protection of lives and liberty to the petitioners.

Relevant paragraphs No. 3 to 5 of the petition says as under: “3. That the petitioners are mother and son and petitioner No. 1 is having 2 sons namely Krishan Kumar and Joginder Singh @ Jogga and the petitioner no. 2 is already married and having children and petitioner no. 2 is doing work as laborer and petitioner no. 1 is a widow old age. Lady.

That some persons are coming to the house of the petitioners and in civil clothes and they are giving their identifications as Punjab Police officials and that persons are harassing the petitioners and their family members by raiding in their house some times in night time, some times in early morning time and when petitioners enquired from them about their coming they are disclosing that they have come for the investigation about Joginder Singh @ Jogga for his search who is absconding from the pending FIRS of Haryana and Punjab Police Stations but petitioners already said to them that they had already disowned their son Joginder Singh @ Jogga from their life and property ain 24-06-2015 and same was published in newspaper Jagran City, Bhiwani regarding the disowned to their son Joginder Singh @ Jogga and same was shown to that officials.

That it is apt to mention here that the petitioners and their family members are harassed by raiding to their houses some times in late night hours and sometimes in early in the morning times and due to the unnecessarily raids of the so-called police officials from Haryana police stations and from Punjab Police stations, petitioners are in great fear and depression and petitioners are regularly threatened by the so called officials to involve in false and frivolous cases and act and conduct of so-called police officials towards the petitioners are breaching the fundamental rights of life and liberty of the petitioners which are given by the constitution of India to petitioners.”

Hence, the petitioners are seeking protection in that regard and have approached this Court by way of filing the instant petition. They have also submitted an application dated 16.10.2022 (Annexure P-3) to respondent No. 3 – Superintendent of Police, Bhiwani, wherein, they have expressed their apprehension.

In view of the above, the present petition is disposed of with a direction to respondent No. 3 – Superintendent of Police, Bhiwani, to look into the truthfulness of the application dated 16.10.2022 (Annexure P-3) qua threat perception, if any, and take necessary steps, if any required, in accordance with law, to ensure that the lives and liberty of the petitioners is not jeopardized at the hands of the private respondents and to take appropriate action fully in accordance with law.

Disposed of.