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2025 Supreme(Online)(P&H) 13336

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DILRAJ SINGH SARKARIA – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 08.07.2025 Dilraj Singh Sarkaria ….Petitioner Versus Srate of Punjab and others ….Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Karanjit Singh, Advocate, for the petitioner.

Mr. Sahil R. Bakshi, AAG, Punjab.

****

KULDEEP TIWARI, J. (Oral)

1. Through the instant writ petition, prayer is made for issuance of a Mandamus upon the respondents to provide adequate security to the petitioner, in view of the threat perception.

2. This Court, vide order dated 21.05.2025, had passed the hereinafter direction upon the respondent-State:-

Without issuing a formal notice, at this stage, the State is directed to file an affidavit of a senior functionaries of the police authorities, after evaluating the threat perceptions to the petitioner, in accordance with the State Security Policy, 2013, as adopted by State of Punjab, and the Standard Operating Procedure (SOP), thereof, as issued by the Director General of Police, Punjab.

Adjourned to 08.07.2025.”

3. In compliance to the order (supra), a status report dated 07.07.2025, by way of an affidavit of Deputy Superintendent of Police, Sub-division Attari, Amritsar (Rural), on behalf of respondent No.1, has been filed in Court today, and the same is taken on record.

4. A study survey of the status report (supra), reflects that, though, there is no threat perception to the life and liberty of the petitioner, however, two security personnel have been deputed temporarily with him for his protection, subject to periodic review, in terms of the provisions of the State Security Policy, 2013 and the established Standard Operating Procedure (SOP). The relevant paragraphs of the status report are extracted hereinafter:-

“6. That the Additional Director General of Police, Counter Intelligence, Punjab, vide his report dated 04.07.2025, has reported that petitioner alleged to have received a threat call through Whatsapp from Pakistan based number on 16.05.2024. He submitted a complaint in this regard to local police, which is under investigation. During Nagar Panchayat Elections at Rajasansi in 2024, he was campaigning for Congress Party, due to which he received a call from unknown person on 17.12.2024 to stop campaigning for Congress Party. He had submitted a complaint in this regard to local police, regarding which a case FIR No. 15, dated 18.02.2025 u/s 351(2), 308 BNS, PS Rajasansi was registered against unknown person. This case is under investigation. According to the field unit report and the office record, besides the above calls received by him, at present there is no specific threat input indicating any threat to his Security from any terrorist / militant/gangster outfits operating in the country.

7. That the Additional Director General of Police, Anti Gangster Task Force, Punjab, SAS Nagar, vide his report dated 20.06.2025 reported that there is no specific technical/human intelligence available with AGTF as on date.

8. That in compliance with the order dated 21.05.2025, the present reply is being submitted by way of affidavit for the kind perusal of this Hon'ble High Court. Furthermore, two security personnel has been temporarily deputed with the petitioner for his protection subject to periodic review in accordance with the provisions of the State Security Policy, 2013 and established Standard Operating Procedure (SOP.”)”

5. In view of the aforesaid specific stand set out in the status report, no further direction is required to be passed in the instant petition.

6. Consequently, the instant petition is ordered to be closed

7. Disposed of accordingly.

(KULDEEP TIWARI JUDGE

08.07.2025

Ak Sharma

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