IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, J.
Zakaria - Appellant
Versus
State of Haryana & Ors. - Respondents
Criminal Writ Petition No. 318 of 2023
Decided On : 13-01-2023
Threat Perception - Property Dispute - The court directed the police to examine the alleged threat perception of the petitioner and take necessary steps to ensure his safety and protection of his property.
Fact of the Case:
The petitioner sought directions to protect his life and property due to threat from private respondents, despite having obtained interim injunction in his favor. The police had not taken any action on his representation.
Finding of the Court:
The court disposed of the petition with a direction to the Superintendent of Police to examine the alleged threat perception and take necessary steps to ensure the safety of the petitioner and his property.
Issues: Threat to life and property, failure of police to act on petitioner's representation.
Ratio Decidendi: The court emphasized the need to examine the alleged threat perception and take necessary steps to ensure the safety of the petitioner and his property, particularly considering his age.
Final Decision: The court directed the Superintendent of Police to examine the alleged threat perception and take necessary steps to ensure the safety of the petitioner and his property.
JUDGMENT
Gurvinder Singh Gill, J. - The petitioner seeks issuance of directions to the official respondents to protect his life and liberty as he apprehends threat to the same at the hands of the private respondents.
2. Learned counsel for the petitioner submits that the private respondents are trying to encroach upon the property of the petitioner and in respect of which he was constrained to file a civil suit seeking interim injunction against the said respondents and that the learned Civil Judge (Junior Division), Jhirka vide order 9.8.2021 (Annexure P-1) had granted interim injunction in his favour. Learned counsel for the petitioner has further submitted that despite the aforesaid interim injunction dated 9.8.2021 (Annexure P-1), the private respondents are bent upon causing harm to the petitioner as well as to his property and that although he had moved a representation dated 10.1.2023 (Annexure P-2) to the police but to no avail.
3. Having heard learned counsel for the petitioner and without commenting anything as regards merits of the case, the instant petition is disposed off with a direction to respondent No.3-Superintendent of Police, District Nuh (Mewat) to look into the matter and to get the alleged threat perception of the petitioner examined particularly keeping in view the fact that the petitioner is stated to be aged about 64 years and to dispose of the representation dated 10.1.2023 (Annexure P-2) expeditiously in accordance with law. In case it is found that there is any gunine threat to the life and liberty of the petitioner, then necessary steps as may be warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioner or to his property in any manner.
4. A copy of this order alongwith copy of representation dated 10.1.2023 (Annexure P-2) sent to respondent No.3-Superintendent of Police, District Nuh (Mewat) for necessary compliance.
The court has the authority to direct law enforcement agencies to examine and address alleged threats to life and property.
The court has the authority to direct law enforcement to address genuine threats to an individual's life and liberty.
The court's decision was based on addressing the alleged threat perception of the petitioner and taking necessary steps if a genuine threat is found.
The court's decision was based on addressing the alleged threat perception of the petitioners and taking necessary steps if a genuine threat is found.
The court's decision was influenced by the current lack of threat perception for the petitioners, as evidenced by the statements in the status report.
The court has the authority to direct law enforcement to take necessary steps to address genuine threats to life and liberty.
Courts may order police protection for an individual's life when there is a substantiated threat, provided such protection is strictly restricted to safety and does not extend to enforcing civil righ....
The main legal point established in the judgment is the court's authority to direct law enforcement to take necessary steps to protect individuals in case of a genuine threat to their lives and liber....
A civil dispute should not be converted into a plea for police protection without substantiated threats.
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