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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL, J
ANKUSH DHANERWAL – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
CRWP-8343-2025



Advocates:
For the Appellants/Petitioners: Mr. Jatinder Pal Singh
For the Respondents: Mr. J.S. Rattu, Mr. Ankur Bali

The court held that allegations of threats and extortion against an advocate warranted investigation by the CBI to uphold the integrity of the legal system.

Headnote:(A) Article 226 of the Constitution of India - Writ of Mandamus - Protection of life and liberty - The petitioner seeks protection from threats made by respondents following a dissatisfied legal representation concerning the election of ‘Sarpanch’. The threats to life necessitated immediate legal intervention to ensure safety and lawful conduct by authorities. (Paras 1, 3, 5, 15, 18)

(B) Jurisdiction of High Court - The court highlighted the responsibilities of authorities to act on genuine threats and complaints made by citizens, illustrating the importance of judicial protection of citizens’ rights and security. (Paras 1, 15)

Facts of the case:
The petitioner alleged threats from respondents related to extortion after providing legal services for election disputes. Respondents' threats included armed intimidation, and failure of authorities to act led to the petition seeking protection. (Paras 2-6)

Findings of Court:
The court deemed the allegations serious enough warranting referral to the Central Bureau of Investigation for thorough investigation and integrity assurance of the legal profession. (Paras 15-17)

Issues: The primary issue involved whether the court had grounds to grant protection under Article 226 due to serious allegations of threats to life against the petitioner. (Paras 1-2)

Ratio Decidendi: The court held that effective and impartial investigation by an external agency, CBI, was necessary for ensuring transparency and safeguarding the integrity of legal proceedings. (Paras 15-17)

Result: The present petition is disposed off with directions to the CBI to investigate the complaints.

Table of Content
1. claim for security against threats (Para 1 , 2 , 5)
2. inaction of police despite serious allegations (Para 3 , 4 , 12)
3. cbi referral for investigation (Para 15)

SANDEEP MOUDGIL, J

The jurisdiction of this Court has been invoked under Article 226 of the Constitution of India seeking a writ in the nature of Mandamus for directing the respondents to provide security for the protection of life and liberty of the petitioner and his family members, who apprehends danger at the hands of respondents No.5 and 6.

2. In addition to above, legal action has also been sought on the complaints dated 02.06.2025 and 23.07.2025, pursuant to which the petitioner has sought registration of an FIR.

3. Respondent No.2-Senior Superintendent of Police, Mohali, and Respondent No.4-Senior Superintendent of Police, UT Chandigarh are hereby directed to examine the representations dated 02.06.2025 and 23.07.2025 (Annexures P-2 and P-3 respectively), along with the online complaint dated 23.07.2025 (Annexure P-4), and take appropriate action if the authorities deem it necessary, to provide security for the life and liberty of the petitioner.

4. During the course of hearing, certain glaring facts came to light, which this Court finds pertinent to recall in addition to the factual background that led to the filing of the instant petition.

5. The petitioner has stated that he provided professional legal services to Respondents No.5 (ex-Sarpanch) and his son, residents of Village Maidewas, District Sangrur. These respondents had approached the petitioner in 2022 to file a writ petition challenging the election to the post of ‘Sarpanch’. It is asserted by the petitioner that the outcome of the writ petition was unsatisfactory to Respondents No.5 and 6, who then became furious and pressured the petitioner to refund the professional fees. Upon his refusal to do so, Respondents No.5 and 6 allegedly resorted to threats and intimidation.

6. According to the petitioner, these overt acts did not stop there. On 24.05.2025, 28.05.2025, 02.06.2025, and 23.07.2025, Respondents No.5 and 6 reportedly visited the petitioner’s residence armed with weapons such as a ‘Gandasa’, ‘Barcha’, ‘Kirpan’, and ‘dandas’, openly threatening him to refund the money or face elimination of his family. The petitioner further submitted that on 23.07.2025, Respondents No.5 and 6 even entered the premises of this High Court and Bar Library, threatening him in front of his colleagues to “teach him a lesson,” and warned that failure to return the fees would lead to his elimination. The petitioner claims to have immediately informed the police, who arrived after the accused had fled the scene. These details are reflected in the petition as well as in the representations made to various authorities, including the Respondents No.2 & 4, along with an online complaint dated 23.07.2025 (Annexure P-4) lodged with Chandigarh Police.

7. Following these events, the petitioner approached this Court through the instant petition, alleging inaction on the part of the official respondents and seeking protection for his life and liberty, as well as action on his complaints (Annexures P-2 to P-4).

8. Having addressed the first prayer by directing Respondents No.2 and 4 to examine the threat perception to the life and liberty of the petitioner, the Court adjourned the matter on the second prayer, calling for a status report regarding the action taken. This report was eventually filed on 20.05.2025. Shri Ankur Bali, Respondent No.3, submitted a short reply by way of an affidavit dated 19.08.2025, executed by Uday Pal Singh, CPS, Deputy Superintendent of Police-cum-SDPO, Central Chandigarh, which has been taken on record and copy thereof, has been furnished to the petitioner in Court itself.

9. The affidavit acknowledges receipt of the online complaint dated 23.07.2025, which was registered at Police Station Sector 3, Chandigarh, under diary entry No.1131-5C dated 28.07.2025. It was further assigned to SI

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